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THE BHARATIYA SAKSHYA ADHINIYAM, 2023
THE BHARATIYA NYAYA SANHITA, 2023
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Latest Cases

(981) NEW INDIA ASSURANCE CO LTD Vs. KANTA DEVI AND OTHERS[DELHI HIGH COURT] 04-03-2024
Motor Accident Claim - Appeal by insurance company - The appellant challenges the judgment of the Motor Accident Claims Tribunal that awarded compensation to the claimants and held the appellant liable to pay it - The appellant contends that the driver of the offending vehicle did not have a valid license to drive a bus, which comes under the category of a heavy passenger motor vehicle (HPMV) - The court dismisses the appeal and upholds the Tribunal’s judgment, finding that the driver had a vali
India Law Library Docid # 2402908

(982) GANPATI INDUSTRIES Vs. SPP FOOD PRODUCTS PVT. LTD[DELHI HIGH COURT] 04-03-2024
Amendment of Plaint – Suit for recovery - The petitioner challenges the order of the trial court that allowed the respondent to amend the plaint in a suit for recovery of money based on dishonoured cheques - The petitioner contends that the amendment was allowed without hearing its objections, that the amendment creates a fresh cause of action and introduces new facts and documents, that the amendment is barred by limitation and not necessary for determining the real issue, and that the responde
India Law Library Docid # 2402909

(983) SANDEEP KUMAR Vs. STATE OF H.P. AND OTHERS[HIMACHAL PRADESH HIGH COURT] 04-03-2024
Service Law – Promotion - The petitioner is a Senior Assistant in the Irrigation and Public Health Department (I&PH) who has acquired a LLB degree during his service - He seeks promotion to the post of Law Officer as per the Recruitment and Promotion Rules (R&P Rules) existing in 2009, when he became eligible for promotion - The respondents, the State of H.P. and others, have rejected the petitioner’s claim on the grounds that he did not have the requisite length of service after passing the LLB
India Law Library Docid # 2402910

(984) VELUKUTTAN AND OTHER Vs. AMMINI GOPALAN AND OTHERS[KERALA HIGH COURT] 04-03-2024
Suit for Partition - Regular second appeal filed by the appellants/defendants against the respondents/plaintiffs in a suit for partition of the property of 'A', who died intestate - The appellants claimed title over the property on the basis of a Will executed by ‘A’ in favour of the first appellant, who later settled it in favour of the second appellant - The respondents challenged the validity and genuineness of the Will - The trial court and the appellate court decreed the suit in favour of t
India Law Library Docid # 2402911

(985) PREM SINGH Vs. STATE OF UTTARAKHAND[UTTARAKHAND HIGH COURT] 04-03-2024
Criminal Procedure Code, Section 207 - Penal Code, 1860 (IPC) - Sections 408, 467 and 468 - The revisionist, was accused of embezzling 47,643.16 while serving as Secretary of Shadhan Sahkari Samiti, Ratura - The revisionist challenged the judgments of the trial court and appellate court, which convicted and sentenced him under Section 408 IPC - The revisionist argued for the application of the Probation of Offenders Act, 1958, citing his age, poor family background, and lack of criminal antecede
India Law Library Docid # 2403707

(986) H.N. B GARHWAL UNIVERSITY AND ANOTHER Vs. DOLPHIN (PG) INSTITUTE OF BIO MEDICAL AND NATURAL SCIENCES AND OTHERS[UTTARAKHAND HIGH COURT] 04-03-2024
Central Universities Act, 2009 - Section 4 - Effect of establishment of Universities. - H.N.B Garhwal University and others filed special appeals challenging the legal standing and decisions related to college affiliations and recognitions under various regulations and acts - The core issue revolves around the affiliation and recognition of colleges by the University, governed by the Central Universities Act, 2009, and the UGC [Affiliation of Colleges by Universities] Regulations, 2009 - The Uni
India Law Library Docid # 2403710

(987) BISWANATA DAS (DEAD) THROUGH HIS LEGAL HEIRS Vs. GITA RANI SAHA AND OTHERS[GAUHATI HIGH COURT] 01-03-2024
Civil Procedure Code, 1908 (CPC) - Order 41 Rule 31 - Guidelines to the appellate court for deciding the appeal - Land Dispute – Respondent ‘G’ claims that Appellant ‘B’ illegally occupied 1 Katha of her land in Dag No.570, where she used to reside, and seeks a decree declaring her right, title and interest over the land and for recovery of vacant possession – ‘B' claims that he purchased the land from ‘G’ by paying an advance of Rs. 1,10,000/- and executing an agreement for sale on 10.06.2004,
India Law Library Docid # 2402770

(988) SULTAN HABIB LODHDA Vs. STATE OF GUJARAT[GUJARAT HIGH COURT] 01-03-2024
Narcotics Drugs and Psychotropic Substances Act, 1985 - Sections 8(c ), 21(c), 23(c), 25 and 29 –Bail – Recovery of huge commercial quantity of heroin - Applicant, accused of being involved in a drug trafficking conspiracy with Pakistani nationals and other Indian co-accused - Whether the applicant is entitled to regular bail under Section 439 of the CrPC read with Section 37 of the NDPS Act - The bail application is rejected, as the court is not satisfied that there are reasonable grounds for b
India Law Library Docid # 2402771

(989) RESHMA Vs. THE COMMISSIONER OF POLICE[DELHI HIGH COURT] 01-03-2024
Constitution of India, 1950 - Articles 21, 25, and 29 - Pardanashin Woman – Rights of - The case revolves around ‘R’, a "pardanashin" Muslim woman, who filed a writ petition against the Commissioner of Police, alleging that police entered her home without her consent and forcibly took her to the police station without allowing her to wear her pardah (veil) – ‘R’ argues that she has the fundamental right to wear a pardah as part of her religious practice, protected under Articles 21 (right to lif
India Law Library Docid # 2402769

(990) MADIPALLI VENKATA RAO @ KONDA Vs. THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH, HYDERABAD.[ANDHRA PRADESH HIGH COURT] 01-03-2024
Penal Code, 1860 (IPC) - Sections 451, 307, and 393 - Petitioner, who was convicted for attempted murder, robbery, and house trespass against the respondent, who was his former lawyer’s wife - The petitioner claimed that he was falsely implicated by the respondent and her husband, who beat him up over a fee dispute and lodged a false report against him - He also alleged that the prosecution witnesses were interested or influenced by the respondent’s husband, who was an advocate - The respondent
India Law Library Docid # 2402766

(991) MR. SHIV CHARAN AND OTHERS Vs. ADJUDICATING AUTHORITY, UNDER THE PREVENTION OF MONEY LAUNDERING, ACT, 2002, DEPARTMENT OF REVENUE, MINISTRY OF FINANCE, NEW DELHI.[BOMBAY HIGH COURT] 01-03-2024
Prevention of Money Laundering Act, 2002 – Section 5 - Insolvency and Bankruptcy Code, 2016 – Section 32A - The petitions involve the resolution applicants of a corporate debtor whose properties were attached by the Enforcement Directorate (ED) under the PMLA - The main issue is whether the National Company Law Tribunal (NCLT), which is the adjudicating authority under the IBC, has the power and jurisdiction to direct the ED to raise its attachment on the properties of the corporate debtor, afte
India Law Library Docid # 2402767

(992) SMT. ANJU SHARMA Vs. SRI BINOD KUMAR SHARMA AND ANOTHER[CALCUTTA HIGH COURT] 01-03-2024
Criminal Procedure Code, 1973 - Section 125 – Maintenance - The petitioner filed a revision against the order of the Additional Sessions Judge, who dismissed her claim for maintenance from the opposite party no. 1, whom she alleged to be her husband - The petitioner produced several official documents showing that the opposite party no. 1 had declared her as his wife and the nominee of his service benefits - The opposite party no. 1 denied the marriage and produced a marriage invitation card of
India Law Library Docid # 2402768

(993) MADHURIBAI Vs. SHAKUNTALABAI AND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 01-03-2024
Civil Procedure Code, 1908 (CPC) – Order 23 Rule 1(3) - Withdrawal of suit - Application under Order XXIII Rule 1(3) of CPC - The petitioner/plaintiff filed an application to withdraw her civil suit for declaration and injunction with liberty to file a fresh suit on the ground of formal defect and other sufficient reasons - The Trial Court allowed the withdrawal of the suit, but refused the liberty to file a fresh suit on the ground that the petitioner/plaintiff did not disclose the details of t
India Law Library Docid # 2402800

(994) ISAHACK Vs. MINI AND OTHER[KERALA HIGH COURT] 01-03-2024
Property Dispute - Civil suit filed by a daughter-in-law (1st respondent) against her father-in-law (petitioner) and other family members (2nd and 3rd respondents) over a property dispute - The 1st respondent claims that she paid money and gave gold ornaments to the petitioner as a trustee at the time of her marriage, on the promise that he would assign the schedule property in her favour - However, he later executed a settlement deed in favour of his daughter (2nd respondent), violating the agr
India Law Library Docid # 2402801

(995) SIVASANKARAN AND OTHERS Vs. UNNIKRISHNAN AND OTHER[KERALA HIGH COURT] 01-03-2024
Kerala Land Reforms Act, 1963 - Sections 72(1) and 72K(2) - Partition suit involving two items of property - The main issue in the appeal is whether the purchase certificate issued in favour of defendants 1 and 2 with respect to item No.2 of plaint B schedule enures to the benefit of the plaintiff and other co-owners, who are the children of ‘K’, the original leaseholder of the property - The court dismisses the appeal and upholds the findings of the lower courts that the purchase certificate ob
India Law Library Docid # 2402802

(996) CHANDAN Vs. STATE OF HIMACHAL PRADESH AND OTHERS[HIMACHAL PRADESH HIGH COURT] 01-03-2024
Narcotics Drugs and Psychotropic Substances Act, 1985 - Sections 15 and 20 - Recovery of Contraband - The prosecution alleged that Appellant and two co-accused were travelling in a car from which 1 Kg 800 Grams of Charas and 20 Grams of Poppy Straw were recovered by the police - The trial court initially acquitted Appellant and the co-accused of the charge under Section 20 of NDPS Act (possession of Charas) but convicted them under Section 15 of NDPS Act (possession of Poppy Straw) - The State
India Law Library Docid # 2402803

(997) JINDAL STEEL AND POWER LTD. Vs. STATE OF CHHATTISGARH[CHHATTISGARH HIGH COURT] 01-03-2024
Electricity Law - The appellant, a company operating a 265.70 MW captive power plant (CPP) at its steel plant in Raigarh, Chhattisgarh, challenged the order of the learned Single Judge who dismissed its writ petition against the demand notice issued by respondent No. 3, the Chief Electrical Inspector, for payment of electricity duty on the auxiliary consumption of TG sets 1, 3, 5, and 6, whose exemption period had expired - The appellant argued that it was not liable to pay electricity duty on t
India Law Library Docid # 2402804

(998) AMIT KUMAR AGARWAL Vs. UNION OF INDIA[JHARKHAND HIGH COURT] 01-03-2024
Prevention of Money Laundering Act, 2002 - Section 45 - Bail application - Accused of money laundering and forgery in relation to a property scam involving the Army land in Ranchi - The petitioner’s counsel argues that the conditions for his arrest and denial of bail under the (PMLA) are not fulfilled - He also claims parity with a co-accused who has been granted bail by the same court - The respondent’s counsel opposes the bail application on the ground that the petitioner is the main beneficia
India Law Library Docid # 2402808

(999) RANJIT KUMAR @ GUDDU Vs. THE STATE OF BIHAR AND OTHERS[PATNA HIGH COURT] 01-03-2024
Penal Code, 1860 - Section 120B - Bihar Prohibition and Excise Act, 2016 - Sections 30(a), 38 and 41 – Illegal possession and sale of liquor in Bihar – Quashing of FIR - He argues that the case is based on the same incident in the other Police Station, in which he was already arrested and charged - The petitioner relies on the Supreme Court’s rulings that there can be no second FIR for the same cognizable offence or same occurrence, and that all subsequent information and discoveries should be t
India Law Library Docid # 2402810

(1000) RIPUDAMAN SINGH Vs. PUNJAB UNIVERSITY AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 01-03-2024
Service Law – Appointment - The appellant challenged the appointment of respondent No.4 as Assistant Professor of Geography in Punjab University, claiming that he was ineligible for 02 marks for teaching experience as he was holding a non-teaching post of Map Curator - The court dismissed the appeal and upheld the order of the Single Bench, which found no irregularity in the selection process and the award of 02 marks to respondent No.4 for his teaching experience as a Map Curator - The court re
India Law Library Docid # 2402811