(1) DILIP SHARMA Vs. PUJA AGARWALA @ PUJA SHARMA[CALCUTTA HIGH COURT (CIRCUIT BENCH AT JALPAIGURI)] 25-07-2024 Hindu marriage Act, 1955 — Section 24 — Maintenance application under Section 24 of the Act filed by wife against her husband — Husband had previously filed a suit declaring their marriage void, alleging that his wife was already married at the time of their union — Despite the pending status of this suit, the lower court granted interim maintenance of Rs. 30,000 per month — On appeal, the High Court set aside the lower court's decision — The court found that the lower court erred in its assessm India Law Library Docid # 2416291
(2) KESORAM TEXTILES MILLS LIMITED AND ANOTHER Vs. THE KOLKATA MUNICIPAL CORPORATION AND OTHERS[CALCUTTA HIGH COURT] 25-07-2024 Kolkata Municipal Corporation Act, 1980 — Section 192(2) — Appellant challenged the KMC property tax assessment for their premises, arguing it was done without jurisdiction and violated natural justice principles — The main issues were the jurisdiction of KMC to assess property tax for periods before 1984 and whether the assessment was done following proper legal procedures — Appellant argued that the assessment was done under the wrong legal provisions, without jurisdiction, and without giving India Law Library Docid # 2416292
(3) SHRI. ARINDOM DAS Vs. STATE OF MEGHALAYA[MEGHALAYA HIGH COURT] 25-07-2024 Protection of Children from Sexual Offences Act, 2012 — Sections 7, 8 and 18 — The appellant, a teacher convicted for molesting a student — The main issues were the delay in filing the FIR, contradictions in the survivor's statements, and the reliability of the prosecution's evidence — The appellant argued that the delay in filing the FIR made it suspicious, the survivor's statements were inconsistent, and the evidence was unreliable — He also claimed the case was filed out of revenge over a tui India Law Library Docid # 2416296
(4) SMT. USHA JAIN AND ANOTHER Vs. M/S VIGNESHWARA DEVELOPWELL P. LTD.[DELHI HIGH COURT] 24-07-2024 Insolvency and Bankruptcy Code, 2016 — Section 14 — Moratorium on the company during the insolvency process — Petitioner sought the release of an amount of Rs 44,41,250, which was deposited as per an order of the court— The respondent company had agreed to buy back the allotted unit at a specified price in a Developer-Anchor Option Agreement — The petitioner argued that the amount was due and payable by the respondent company, and the court had acknowledged it to be so — However, the responden India Law Library Docid # 2416284
(5) SHARAD BHANSALI AND ANOTHER Vs. MUKESH AGGARWAL AND ANOTHER[DELHI HIGH COURT] 24-07-2024 Arbitration and Conciliation Act, 1996 — Section 37(2)(a) — Stamp Act, 1899 — Article 23A of Schedule I-A — Sections 23A and 53A of the Transfer of Property Act, 1882 — The Delhi High Court dismissed an appeal against an order passed by an Arbitral Tribunal — The dispute involved an Agreement to Sell (ATS) for the sale of a property, and Respondent 2, who was not a party to the ATS, argued that it was insufficiently stamped — The court held that Article 23A of Schedule I-A to the Indian Stamp Ac India Law Library Docid # 2416285
(6) JAI KARAN Vs. DELHI JAL BOARD AND OTHERS[DELHI HIGH COURT] 24-07-2024 Service Law — Denial of full pension, gratuity, and other benefits — Petitioner sought a quashing of an order by the CAT and set aside two government orders — The petitioner claimed that he was wrongly denied full pension, gratuity, and other benefits for his services rendered to DJB — The High Court held that the Tribunal's decision was correct in relying on the government orders dated 14.05.1968 and 10.03.1986, which stated that only 50% of the length of service rendered by a daily wage or wo India Law Library Docid # 2416286
(7) KARMYOGI BUILDERS PVT LTD Vs. REGISTRAR OF COMPANIES[DELHI HIGH COURT] 24-07-2024 Companies (Court) Rules, 2009 — Rule 9 —Companies Act, 1956 — Section 560(6) — Petitioner company sought to revive its name and accept its pending statutory returns after being struck off from the Register of Companies — The court held that the petitioner's remedy lies with the National Company Law Tribunal (NCLT) under Chapter XXVII of the Companies Act, 2013 — The court dismissed the petitioner's application and advised it to approach the NCLT for redressal of its grievances — The court note India Law Library Docid # 2416287
(8) PRAMOD AND OTHERS Vs. THE STATE OF MAHARASHTRA AND OTHERS[BOMBAY HIGH COURT (NAGPUR BENCH)] 24-07-2024 Criminal Procedure Code, 1973 (CrPC) — Section 196(1) — Penal Code, 1860 (IPC) — Sections 295A, 504 and 506 — Intentional insult with intent to provoke breach of the peace — The High Court has quashed and set aside a FIR and a charge-sheet filed against two applicants on the basis of an FIR lodged by a non-applicant — The Court found that the prosecution had not proved that the applicants insulted or attempted to insult the religion or religious beliefs of any class of citizens of India with del India Law Library Docid # 2416288
(9) X (MINOR VICTIM) Vs. STATE OF U.P. AND OTHERS[ALLAHABAD HIGH COURT] 24-07-2024 Penal Code, 1860 (IPC) — Section 363 and 376 — Protection of Children from Sexual Offences Act, 2012 — Sections 3 and 4 — Rape of Minor — The case deals with a minor girl who was raped and became pregnant as a result — The petitioner sought a medical termination of her pregnancy, which was denied due to the advanced stage of the pregnancy — The petitioner then sought the court's intervention to allow her to proceed with the delivery and place the child for adoption — The court granted the petiti India Law Library Docid # 2416289
(10) M/S KITPLY INDUSTRIES AND OTHERS Vs. STATE OF U.P. AND ANOTHER[ALLAHABAD HIGH COURT] 24-07-2024 Negotiable Instruments Act, 1881 — Section 138 — The High Court has set aside the summoning orders in several cases involving the same applicants and the same opposite parties — The court found that the Trial Court committed a legal error by considering the impleadment application for the Company, which was the principal offender, without deciding it on merit — The court also found that the Revisional Court failed to correct this error, leading to the perpetuation of the legal error — The court India Law Library Docid # 2416290
(11) ANIL SINGH Vs. UNION TERRITORY OF JAMMU AND OTHERS[JAMMU & KASHMIR AND LADAKH HIGH COURT (JAMMU BENCH)] 24-07-2024 Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 — Section 3 — J&K Public Safety Act, 1978 — Section 8(1)(a) — Detention — Quashing of — The detention was linked to his alleged involvement in drug trafficking, supported by two FIR’s — The High Court dismissed an appeal against a detention order — The appellant challenged the order citing procedural flaws and insufficient evidence — The court found that all procedural requirements were met, the evidence suppor India Law Library Docid # 2416295
(12) SHRI. LALRINMAWIA RALTE Vs. THE STATE OF MEGHALAYA AND OTHERS[MEGHALAYA HIGH COURT] 24-07-2024 Service Law — Dismissal from Service — Petitioner, a police officer, challenged his dismissal from service on the grounds that the disciplinary proceedings against him were flawed and violated the rules of procedure — The petitioner argued that he was not provided with a list of documents and witnesses relied upon by the department, the Enquiry Officer also acted as a prosecutor, and he was not given an opportunity to cross-examine the witnesses or examine the enquiry report before the dismissal India Law Library Docid # 2416297
(13) RAMSINGH THAKUR Vs. THE STATE OF MADHYA PRADESH AND OTHERS[MADHYA PRADESH HIGH COURT] 24-07-2024 Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 223 — Criminal Procedure Code, 1973 (CrPC) — Section 153(3) — The High Court held that a writ petition for directing the police to register an FIR is not maintainable unless the four exceptions enumerated in the case of Whirlpool Corporation vs. Registrar of Trade Marks, Mumbai and Ors. (1998) 8 SCC 1 come into play — The court cited several Supreme Court judgments, including Lalita Kumari vs. Government of U.P. & Ors. (2014) 2 SCC 1, Sakiri Va India Law Library Docid # 2416298
(14) ANIL SINGH Vs. UNION TERRITORY OF JAMMU AND KASHMIR THROUGH ITS COMMISSIONER/SECRETARY HOME AND OTHERS[JAMMU & KASHMIR AND LADAKH HIGH COURT] 24-07-2024 Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 — Section 3 — Power to make orders detaining certain persons — Detention — Intra-court appeal — High Court of Jammu & Kashmir dismissed an intra-court appeal challenging the order of detention of the appellant under the Act, 1988— The court found that the Detaining Authority had thoroughly examined the issue and passed the order of detention with proper application of mind — The documents relied upon by the De India Law Library Docid # 2416299
(15) KISMATUN Vs. STATE OF NCT OF DELHI THROUGH HOME DEPARTMENT AND OTHERS[DELHI HIGH COURT] 23-07-2024 Penal Code, 1860 (IPC) — 147, 148, 149 and 302 — Transfer of investigation transferred to the Central Bureau of Investigation — The petitioner is the mother of Faizan, a 23-year-old young man who died on the night of February 26-27, 2020, during the anti-CAA protests in North-East Delhi — She alleges that her son was unlawfully assaulted and killed by Delhi Police — The petitioner seeks a fresh Special Investigation Team (SIT) to conduct an independent, impartial, professional, and time-bound in India Law Library Docid # 2416247
(16) SHEELA Vs. BHAGAT RAM (DECEASED) THROUGH LRS AND OTHERS[HIMACHAL PRADESH HIGH COURT] 22-07-2024 Civil Procedure Code, 1908 (CPC) — Order 1 Rule 10(2) read with Section 151 — Adding necessary parties in the suit — The High Court upheld the decision of the lower court to implead the applicant as a necessary party in a civil suit — The plaintiff had filed a suit challenging a mutation order and claiming ownership of the disputed land based on a Will — The applicant had purchased a portion of the disputed land from one of the defendants prior to the filing of the suit — The court held that the India Law Library Docid # 2416215
(17) BRAHMI DEVI Vs. RATTAN CHAND @SHIV KUMAR[HIMACHAL PRADESH HIGH COURT] 22-07-2024 Dispute over ownership and possession of a piece of land — The plaintiff claimed ownership of the land and sought possession, while the defendant, claimed to be in possession as a tenant and also claimed adverse possession — The trial court and the first appellate court both held that the defendant had not proved her claim of adverse possession, and therefore the plaintiff was entitled to possession — The High Court upheld this decision, finding that the defendant's evidence was insufficient to India Law Library Docid # 2416216
(18) KRISHAN SINGH Vs. H.P. STATE FOREST CORPORATION AND OTHERS[HIMACHAL PRADESH HIGH COURT] 22-07-2024 Service Law — Regularization — The petitioner sought regularization/work charge status as a daily wager with all consequential benefits and arrears of salary with an interest of 18% per annum — The court found that the petitioner's termination had been challenged before the Labour Court-cum-Industrial Tribunal, and his claim for reinstatement had been allowed without back wages — However, the court held that the H.P. Forest Corporation was not a work charge establishment, and the petitioner's re India Law Library Docid # 2416217
(19) ARUN KUMAR AND ANOTHER Vs. STATE OF H.P.[HIMACHAL PRADESH HIGH COURT] 22-07-2024 Penal Code, 1860 (IPC) — Section 109 and 363 — Protection of Children from Sexual Offences, Act, 2012 — Sections 3 and 4 — Rape and Abduction of a minor girl — The High Court overturned the conviction of two individuals for the rape and abduction of a minor girl — The court found that the DNA evidence presented in the case was not properly handled and therefore could not be relied upon — Additionally, the court found that there was no evidence to support the claim that appellant ‘M’ aided in the India Law Library Docid # 2416218
(20) UNITED INDIA INSURANCE CO. LTD Vs. PARAMJIT KAUR AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 22-07-2024 Motor Vehicles Act, 1988 — Section 163A — Application of the amended Second Schedule — The court ruled that the amended Second Schedule of the Motor Vehicles Act, 1988, should be applied to pending claims and appeals filed after May 22, 2018 — This means that the new compensation amounts and calculation methods should be used for all cases filed after that date. India Law Library Docid # 2416293