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Latest Cases

(1) BRAJ BHUSHAN MITTAL Vs. JEET SINGH [ALLAHABAD HIGH COURT] 07-08-2020
Civil Procedure Code, 1908 (CPC) - Order 7 Rule 11 - Rejection of Plaint - If the Court finds that the suit is barred by law of limitation on the averments made in the plaint, the plaint shall be rejected.

(2) HARSH ANAND Vs. STATE OF HIMACHAL PRADESH AND OTHERS [HIMACHAL PRADESH HIGH COURT] 04-08-2020
Penal Code, 1860 (IPC) - Section 378 - Criminal Procedure Code, 1973 (CrPC) - Section 482 - Stolen of LED TV, Luggage bag and headphone - Quashing of FIR - Petitioner does not involve in offence of moral turpitude or any grave/heinous crime, rather same is a petty offence, as such, this court deems it appropriate to quash the FIR as well as consequential proceedings thereto, especially keeping in view the fact that the petitioner and complainant have compromised the matter inter se them, in whic

(3) AMANDEEP SINGH AND OTHERS Vs. STATE OF PUNJAB AND OTHERS [PUNJAB AND HARYANA HIGH COURT] 20-07-2020
Punjab Regulation of Fee of Unaided Educational Institutions Act, 2016 - Section 7 - Concession or waiver of school fee - Schools shall not strike out students names for Non-payment of tuition fees - This Court emphasize that all the students would remit their school fee in sync with the directions issued by the learned Single Judge. However, the names of those students, who have either sought or apply for concession or waiver of school fee, their names shall not be struck off from the roles til

(4) KAMAL MASIH KHOKHAR Vs. STATE OF PUNJAB [PUNJAB AND HARYANA HIGH COURT] 13-07-2020
Penal Code, 1860 (IPC) - Sections 177, 198, 406, 420, 424, 465, 467, 468, 471, 477-A, 120-B - Misused and misutilized the funds of the school - Grant of anticipatory bail - No ground to grant anticipatory bail to any of the petitioner, for the following reasons

(5) ASHISH MASIH @ ASHU Vs. STATE OF PUNJAB [PUNJAB AND HARYANA HIGH COURT] 13-07-2020
Penal Code, 1860 (IPC) - Sections 363, 366, 376, 506, 34 and 120-B - Protection Of Children From Sexual Offences Act, 2012 - Sections 4 and 6 - Abduction and Rape - Bail of juvenile - Petitioner was alleged to have stood guard while the co-accused raped the victim-girl - Sessions Judge acquitted co-accused who has committed the actual offence - Very constitution of a Juvenile Justice Board, headed by a Metropolitan Magistrate with at least three years experience, is with the intention that such

(6) GRAM PANCHAYAT OF VILLAGE BHATOLA Vs. STATE OF HARYANA AND OTHERS [PUNJAB AND HARYANA HIGH COURT] 10-07-2020
Land Acquisition Act, 1894 - Section 4 - Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - Section 24(2) - Compensation - Provisions of Section 24(2) of the Act of 2013 held that, in case, compensation has been paid, possession has not been taken, then, there is no lapse - Similarly, in case, possession has been taken, compensation has not been paid, then, also there is no lapse - In the present case, petitioners had admitted the payment

(7) A.P. SURYAPRAKASAM Vs. SUPERINTENDENT OF POLICE, SANGLI DISTRICT, MAHARASHTRA [MADRAS HIGH COURT] 09-07-2020
Migrant labourers - Ration cards - Considering the plight of migrant labourers who are without food, as per the statement of the petitioner, the State Government is directed to provide ration supplies to migrant labourers after satisfying that they are really migrant labourers irrespective of whether they have ration cards or not.

(8) KAMINI AND ANOTHER Vs. STATE OF PUNJAB AND ANOTHER [PUNJAB AND HARYANA HIGH COURT] 08-07-2020
Medical Termination of Pregnancy Act, 1971 - Section 3 - Medical termination of pregnancy - There is non-visualization of Skull with extrusion of brain parenchyma which falls under the term "ANENCEPHALY" and the continuation of pregnancy would cause grievous injury to the child and is also unsafe and dangerous for the life of the child as well as for mother - She has a single live intrauterine fetus with Acrania with exencephaly

(9) MUKESH ALIAS MUNNA Vs. STATE OF HARYANA [PUNJAB AND HARYANA HIGH COURT] 08-07-2020
Criminal Procedure Code, 1973 (CrPC) - Sections 173, 319 and 439 - Penal Code, 1860 (IPC) - Sections 302, 506 and 34 - Arms Act, 1959 - Section 25 - Murder - Criminal intimidation - Grant of regular bail - Petitioner is in custody for the last more than 03 years and all similarly situated accused have been released on bail and also considering the fact that the complainant and the other private witnesses have already been examined and only official witnesses are to be examined, for which, despit

(10) RAFIQUE AHMED AND OTHERS Vs. STATE OF MADHYA PRADESH [MADHYA PRADESH HIGH COURT (INDORE BENCH)] 08-07-2020
Criminal Procedure Code, 1973 (CrPC) - Section 438 - Muslim Women (Protection of Rights on Marriage) Act, 2019 - Section 3 and 4 - Penal Code, 1860 (IPC) - Section 498-A - Cruelty - Anticipatory bail - Provisions of The Muslim Women (Protection of Rights on Marriage) Act, 2019 are applicable only against the husband and not against in-laws - It is clear that there is no physical cruelty and it also appears that early pregnancy became the cause of dispute and as per complainant there was a teleph

(11) KIRANDEEP KAUR AND ANOTHER Vs. STATE OF PUNJAB AND OTHERS [PUNJAB AND HARYANA HIGH COURT] 07-07-2020
Hindu Marriage Act, 1955 - Sections 5(iii) and 11 - Constitution of India, 1950 - Article 21 - Non-marriageable age - Protection of "life and liberty" - Enforcement of fundamental rights - A girl aged 20 years and 04 months and boy aged 20 years and 11 months claim to have married each other having purportedly being in love with each other - Petitioners got married on 02.07.2020 according to Sikh - A perusal of Section 5, ibid leaves no manner of doubt that one of the essential conditions of Hin

(12) CHOTESINH RAMSWARUP AHIVAR Vs. STATE OF GUJARAT [GUJARAT HIGH COURT] 07-07-2020
Penal Code, 1860 (IPC) - Sections 143, 147, 148, 149, 325, 332, 337, 338, 307, 395, 427, 431, 188 and 269 - Criminal Procedure Code, 1973 (CrPC) - Section 144 - Gujarat Police Act, 1951 - Section 43 - Disaster Management Act, 2005 - Sections 51 and 439 - Prevention of Destruction to Public Property Act, 1984 - Section 3(e) and 7 - Murder and Dacoity - Bail - Allegations made in the impugned complaint, which reveals that sentiments of the migrant labourers were at an all time high on account of t

(13) SRI BIBHUTI RANJAN DAS, Vs. SMT. GOURI DAS [TRIPURA HIGH COURT] 07-07-2020
Criminal Procedure Code, 1973 (CrPC) - Section 125 - Maintenance - A woman who lived like a wife and in the perception she was treated as the wife cannot be deprived of the maintenance - For this purpose a co-terminus provision for granting maintenance may be looked into and a uniformity in the definition may be brought in. The provision of maintenance for the Hindu wife is also available in section 18 of the Hindu Adoption and Maintenance Act, 1956. But the most recent legislation which accordi

(14) SOHIT KHOSLA AND ANOTHER Vs. STATE OF PUNJAB [PUNJAB AND HARYANA HIGH COURT] 06-07-2020
Criminal Procedure Code, 1973 (CrPC) - Section 438(2) - Penal Code, 1860 (IPC) - Sections 420, 465, 467, 468, 471 and 120-B - Negotiable Instruments Act, 1881 (NI) - Section 138 - Grant of anticipatory bail - FIR was registered with allegation of cheating with the complainant regarding the sale of gold by the complainant and his mother with the firm owned by petitioner No.1 - Later on, by registering two Rapat/DDR, certain new facts on the basis of the complaints given by the petitioners were ad

(15) DHEERAJ Vs. STATE OF HARYANA [PUNJAB AND HARYANA HIGH COURT] 06-07-2020
`Criminal Procedure Code, 1973 (CrPC) - Section 439 - Penal Code, 1860 (IPC) - Sections 120-B, 420, 465, 467, 468 and 471 - Central Sales Tax Act, 1956 - Section 10-A - Fabricated the form 'F' in order to derive undue benefit for getting the benefit of tax - Bail application - Custody period of the petitioner w.e.f. 24.7.2019 has not been disputed by learned State counsel and it is also not disputed by learned State counsel that after the withdrawal of the earlier petition, the charges have been

(16) AVINASHBHAI PRABHUDAS SATAPARA Vs. STATE OF GUJARAT [GUJARAT HIGH COURT] 06-07-2020
Penal Code, 1860 (IPC) - Sections 306, 201 and 114 - Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Sections 3(2)(v) and 14A - Abetment of Suicide - Anticipatory bail - Accused did not know the identity of the victim - Complaint does not make out a prima facie case for applicability of the provisions of the SCST Act and therefore, the bar created by section 18 and 18A thereof shall not apply as no prima facie materials exist warranting arrest of the appellant - Appea

(17) SATISH PRAVINBHAI VANSOLA Vs. STATE OF GUJARAT [GUJARAT HIGH COURT] 06-07-2020
Penal Code, 1860 (IPC) - Sections 143, 147, 149, 308, 152, 153, 120B, 336, 353, 427, 506(2), 341 and 395 - Prevention of Damage to Public Properties Act, 1984 - Section 3 - Criminal Procedure Code, 1973 (CrPC) - Section 482 - Dacoity - Quashing of FIR - During the course of committing theft of the keys of the State Transport Bus, the petitioner had placed the driver of the said Bus under the fear of instant death. In that process, the petitioner had also restrained the driver of the said Bus fro

(18) MAHESH MURTHY Vs. POOJA CHAUHAN AND ORS. [DELHI HIGH COURT] 06-07-2020
Constitution of India, 1950 - Article 19(1)(a) - Right of freedom of speech - A writer published an article titled "Sexual Harassment - Underbelly of the Indian Startup ecosystem exposed" targeting the plaintiff which was based on the LinkedIn post as well as on the Indian ceo post - The defendants have a right to exercise their right of freedom of speech. If these incidents and claims of the defendants are in trial proved to be false, the plaintiff would have a right to claim damages.

(19) FREED Vs. STATE OF H.P. [HIMACHAL PRADESH HIGH COURT] 06-07-2020
Criminal Procedure Code, 1973 (CrPC) - Section 438 - Penal Code, 1860 (IPC) - Sections 147, 148, 149, 323, 307 and 341 - Serious injury in street fight - Anticipatory bail - It is apparent that incident had taken place in broad daylight, where two persons were beaten in presence of mass gathering by calling other assailants through mobile call and out of that mass gathering some persons were actively participating and some persons were silently either supporting or viewing the incident as some a

(20) COURT ON ITS OWN MOTION ON THE BASIS OF NEWS ITEM TITLED "SCHOOL SHUT, NO MID-DAY MEAL, CHILDREN IN BIHAR VILLAGE BACK TO WORK SELLING SCRAP'1'' PUBLISHED IN THE INDIAN EXPRESS, DATED JULY 6 2020. Vs. THE STATE OF BIHAR [PATNA HIGH COURT] 06-07-2020
National Food Security Act 2013 - Section 5 - Constitution of India, 1950 - Article 47 - School shut, no mid-day meal, children in Bihar village back to work selling scrap - News article highlights an issue of public importance and relevance. It concerns the welfare of children hailing from the lower most strata of the society; the marginalized, downtrodden, socially and economically deprived section of the society - Adequate nutrition is essential for school children's health and wellbeing. Chi