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Latest Cases

(1) ISHWAR CHAND JAIN Vs. DELHI DEVELOPMENT AUTHORITY AND OTHERS[DELHI HIGH COURT] 27-02-2024
Delhi Development Authority (Management and Disposal of Housing Estates) Regulations, 1968 – Housing – Allotment - The petitioner applied for a flat under the New Pattern Registration Scheme (NPRS) of 1979 by the Delhi Development Authority (DDA) - He was allotted a flat in Rohini in 1996, but he was not informed of the allotment or the demand for payment - He came to know of the allotment in 2013 and filed a writ petition seeking the allotment of the flat or an equivalent one at the old cost -
India Law Library Docid # 2402723

(2) M/S MAC ASSOCIATES Vs. PARVINDER SINGH[DELHI HIGH COURT] 27-02-2024
Arbitration and Conciliation Act, 1996 - Section 8 - Suit for recovery - Appellant challenge the dismissal of his application under Section 8 of the Act, 1996 by the Commercial Court - The main issue is whether the arbitration clause contained in the General Conditions of Contract (GCC) between the appellant and the Delhi Metro Rail Corporation (DMRC) can be incorporated by reference in the work order between the appellant and the respondent, who was a sub-contractor of the appellant - The court
India Law Library Docid # 2402724

(3) NAVEEN Vs. AKSHMA DEVI[DELHI HIGH COURT] 27-02-2024
Delhi Rent Control Act, 1958 - 14(1)(e) and 25B(8) - Eviction petition - The respondent/landlord filed an eviction petition against the petitioner/tenant for the shop situated in Karol Bagh, New Delhi - The summons in the prescribed format were served on the petitioner/tenant through registered post on 06.03.2013 and through ordinary process on 18.04.2013 - The petitioner/tenant filed his application for leave to contest on 03.05.2013, claiming that the summons were served only on 18.04.2013 -
India Law Library Docid # 2402725

(4) DINESH TIWARI @ DHIRENDRA KUMAR TIWARI Vs. STATE OF U.P AND ANOTHER[ALLAHABAD HIGH COURT (LUCKNOW BENCH)] 22-02-2024
Immoral Traffic (Prevention) Act, 1956 – Section 3, 4, 5, 7, 8, 9 and 15(2) - Quashing of proceedings - The applicant was found in a brothel during a police raid and was charged with various offences under the Act along with other co-accused persons, including the lady “S” who was allegedly involved in prostitution - The applicant challenged the proceeding on two grounds: (i) the search of the brothel was conducted in violation of Section 15(2) of the Act, which requires the presence of two loca
India Law Library Docid # 2402652

(5) C/M RAHAT JANTA INTER COLLEGE THRU MANAGER ARSHAD KHAN AND ANOTHER Vs. STATE OF U.P.[ALLAHABAD HIGH COURT (LUCKNOW BENCH)] 22-02-2024
Service Law – Appointment – Cancellation of - Writ petition filed by a minority institution challenging the cancellation of the appointment of two Junior Clerks by the Director of Education (Secondary) and the District Inspector of Schools - Whether the State authorities have the power to interfere with the appointment of non-teaching staff in a minority institution and whether the cancellation of the appointment was justified on the grounds of non-compliance with the Government Orders and Regul
India Law Library Docid # 2402653

(6) C/M DR. ABDUL ALI TIBBIYA COLLEGE AND HOSPITAL, LKO. AND OTHERS Vs. STATE OF U.P. AND OTHERS[ALLAHABAD HIGH COURT (LUCKNOW BENCH)] 22-02-2024
Education Law - AYUSH colleges seeking lowering of the minimum percentile of NEET UG 2023-24 for admission to BAMS and BUMS courses - The petitioners contend that large number of seats are still vacant in their institutions even after four rounds of counselling and the NCISM’s decision to lower the percentile by 5% - They rely on various precedents where the percentile was reduced for various medical courses and seek extension of time for admission - The respondents oppose the petitioners’ plea
India Law Library Docid # 2402654

(7) PUVVADA VENKATA KRISHNA MURTHY Vs. THE STATE OF A.P REP BY PP AND ANOTHER[ANDHRA PRADESH HIGH COURT] 22-02-2024
Negotiable Instruments Act, 1881 - Section 138 - The petitioner was convicted and sentenced by the III Additional Chief Metropolitan Magistrate to six months of simple imprisonment and a fine of Rs.500 - The petitioner’s appeal was dismissed by the I Additional Metropolitan Sessions Judge confirming the conviction and sentence - The petitioner challenged the judgment of the appellate court on the grounds that the complainant failed to prove the case beyond reasonable doubt, that the cheque retur
India Law Library Docid # 2402655

(8) G. SOMASEKHAR REDDY Vs. THE STATE OF A P, THROUGH INSPECTOR OF POLICE REP BY PP HYD[ANDHRA PRADESH HIGH COURT] 22-02-2024
Penal Code, 1860 (IPC) – Section 304A – Causing death by negligence – Conviction and Sentence - The prosecution alleged that the petitioner was the driver of a diesel auto that overloaded 16 passengers and drove in a rash and negligent manner, resulting in an accident that killed one passenger and injured several others on 29.11.2006 - The petitioner denied the allegations and claimed that the passengers boarded the auto with force and he was not responsible for the accident - He also challenged
India Law Library Docid # 2402656

(9) CITY CENTER MALL PRIVATE LIMITED AND OTHER Vs. THE STATE OF MAHARASHTRA AND OTHERS[BOMBAY HIGH COURT] 22-02-2024
Electricity Act, 2003 – Sections 126, 127 and 127(2) - Unauthorized use of electricity - The petitioners challenged the final assessment of electricity charges made by the Maharashtra State Electricity Distribution Company Limited (MSEDCL) under Section 126 of the Act, 2003, alleging unauthorized use of electricity by the petitioners - The main issue before the court was whether the writ petition was maintainable in view of the alternative remedy of appeal under Section 127 of the Electricity A
India Law Library Docid # 2402657

(10) MISS. ANISA ARASHAD DIWAN Vs. THE STATE OF MAHARASHTRA AND OTHERS[BOMBAY HIGH COURT] 22-02-2024
Education Law – Cancellation of Admission - The petitioner, a student belonging to Julaha-OBC category, challenged the cancellation of her admission to an engineering college by the respondent authorities on the ground of delay in submitting her caste validity certificate - The respondents argued that the petitioner failed to submit her original caste validity certificate by the cut-off date of 31st December 2020 as per the admission notice and hence her admission was liable to be cancelled - Th
India Law Library Docid # 2402658

(11) SHOWIK INDRAJIT CHAKRABORTY Vs. THE ADDL. SUPERINTENDENT OF POLICE, CENTRAL BUREAU OF INVESTIGATION AND OTHERS[BOMBAY HIGH COURT] 22-02-2024
Criminal Procedure Code, 1973 (CrPC) - Sections 174 - Quashing of look out circulars (LOCs) issued against four petitioners by the Central Bureau of Investigation (CBI) in connection with the death of actor Sushant Singh Rajput - The petitioners, who are the parents and siblings of Rhea Chakraborty, an actress and former partner of Sushant Singh Rajput, contend that the LOCs are illegal, arbitrary and violate their fundamental right to travel - They claim that they have cooperated with the CBI i
India Law Library Docid # 2402659

(12) BANGALORE DEVELOPMENT AUTHORITY AND OTHERS Vs. SRI. R. SHANKARAN AND OTHERS[KARNATAKA HIGH COURT] 22-02-2024
Bangalore Development Authority Act, 1976 – Sections 17, 18 and 19 –Writ appeal filed by the Bangalore Development Authority (BDA) against the quashing of the acquisition of lands for a residential layout - The BDA had issued notifications under Sections 17, 18 and 19 of the Bangalore Development Authority Act, 1976 (the Act) to acquire 4043 acres and 27 guntas of land from 12 villages for the formation of the Nadaprabhu Kempegowda Layout - The landowners had challenged the acquisition on variou
India Law Library Docid # 2402681

(13) SINDHU ANILKUMAR Vs. THE KERALA STATE ELECTION COMMISSION[KERALA HIGH COURT] 22-02-2024
Kerala Local Authorities (Prohibition of Defection) Act, 1999 - 3(1)(a) – Disqualification – Appellant, who was disqualified from being a member and President of the Pavaratti Grama Panchayat under the above said Act - The main issue is whether the appellant, who had contested as an independent candidate with the support of the Indian National Congress (I), had defected by contesting and winning the post of President with the help of the Left Democratic Front members, against the official candid
India Law Library Docid # 2402683

(14) UNION OF INDIA AND OTHERS Vs. MD. AHMED BAIG[ORISSA HIGH COURT] 22-02-2024
Service Law - Leave encashment benefit - The opposite party, a retired mail man, filed an application before the Central Administrative Tribunal, Cuttack, seeking disbursement of his leave encashment benefit with 18% interest - He claimed that the authorities wrongly withheld his benefit for recovery of excess amount paid to him under the 3rd MACP scheme, which was granted to him erroneously - The Tribunal quashed the recovery order and directed the authorities to disburse the leave encashment b
India Law Library Docid # 2402694

(15) PARIJAT SAURABH Vs. KAVITA SRIVASTAVA[DELHI HIGH COURT] 22-02-2024
Hindu Marriage Act, 1955 - Section 13(1)(ia) - Appeal filed by the appellant-husband against the respondent-wife, challenging the dismissal of his petition for divorce on the ground of cruelty - The parties got married in 1990 by their own choice and had a son in 1991 - They shifted to UK in 2002 for work and study purposes - In 2004, an incident of domestic violence occurred, leading to the arrest of the appellant and the desertion of the respondent with their son - The respondent obtained a re
India Law Library Docid # 2402671

(16) IFCI VENTURE CAPITAL FUNDS LIMITED Vs. SRGP CORPORATION LIMITED[DELHI HIGH COURT] 22-02-2024
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 - Section 13(2) and 34 - Civil Procedure Code, Order 7 Rule 11 - The petitioner is a financial institution that provides funding to businesses - The respondent is a company involved in the development of a commercial property project - The petitioner agreed to finance Rs. 17.50 Crores to the respondent for refinancing existing loans and for development work on the project - The respondent defaul
India Law Library Docid # 2402672

(17) SUSHANTA DAS AND OTHERS Vs. ANIL KUMAR AJITSARIA AND ANOTHER[GAUHATI HIGH COURT] 22-02-2024
Landlord and Tenant - Suit for eviction - Petitions filed by the tenants of a property against the landlord and the Dibrugarh Municipality Board - The landlord had filed suits for eviction and recovery of arrears of rent against the tenants, who contested the suits on the ground that the land belonged to the municipality and it was not made a party - The suits were dismissed by the trial court and the first appellate court, but decreed by the High Court - The tenants filed applications under Sec
India Law Library Docid # 2402673

(18) OYSTER SHIP MANAGEMENT PRIVATE LIMITED AND OTHERS Vs. M/S. BHAVSAR CONSTRUCTION CO. PVT. LTD. AND OTHERS[BOMBAY HIGH COURT] 22-02-2024
Maharashtra Ownership of Flats Act, 1963 - Housing - 35 plaintiffs filed a civil suit against 13 defendants over a plot of land in Mumbai intended for a commercial complex named Sharada Complex -Plaintiffs claim they booked units in the project, paid amounts to defendant no.1 (owner and lessee), and defendant nos.2 and 3 (directors) - Defendant nos.1 to 11 failed to construct the building and hand over possession as per allotment letters and MOFA provisions - Plaintiffs seek a declaration of the
India Law Library Docid # 2402660

(19) GURUDAS MONDAL AND ANOTHER Vs. THE STATE OF WEST BENGAL AND ANOTHER[CALCUTTA HIGH COURT] 22-02-2024
Penal Code, 1860 - Sections 447, 506 and 34 - Trespassing and threatening the de-facto complainant, who had filed a rape case against Petitioner earlier - The petitioners claim that the de-facto complainant had borrowed money from them and failed to repay it, and that she had lodged the rape case and the trespassing case as a counter blast to avoid legal action and to harass them - They seek quashing of the proceeding against them as an abuse of process of law - The State opposes the petition an
India Law Library Docid # 2402661

(20) SHYAM KUNWAR AND OTHERS Vs. STATE OF CHHATTISGARH[CHHATTISGARH HIGH COURT] 22-02-2024
Service Law – Selection Process – Challeged - The selection process for the post of Gram Panchayat Sachiv/Secretary in Zila Panchayat Korea - The appellants were selected and appointed on the post of Gram Panchayat Sachiv based on an advertisement issued on 10.03.2015 and a corrigendum issued on 14.05.2015, which changed the criteria for award of marks - The respondent No. 5 (writ petitioner) filed a writ petition challenging the corrigendum and seeking a direction to complete the selection proc
India Law Library Docid # 2402667