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

(1) PRAVEEN KUMAR K.P. Vs. KERALA PUBLIC SERVICE COMMISSION AND OTHER[KERALA HIGH COURT] 30-04-2024
Service Law – Advice Memo - The petitioner requested the Kerala Public Service Commission (PSC) to issue an advise memo for the Deputy General Manager post-merger, despite the bank's merger and the expiration of the ranked list - The petitioner argued that he is entitled to the memo as the holder of rank No.4, as the 3rd ranked person relinquished his appointment - The PSC argued that no appointments could be made from the list prepared before the amalgamation - The court directed the PSC to iss
India Law Library Docid # 2414454

(2) BHUSHAN RAMESH BRAMGANKAR Vs. STATE OF MAHARASHTRA AND OTHER[BOMBAY HIGH COURT] 30-04-2024
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 - Section 26-C read with 26-E – The petitioner purchased two properties auctioned by SBI - The State of Maharashtra asserted rights against these properties for sales tax dues owed by the previous owner - The main issue is whether the State's tax authorities can enforce their rights against the purchaser or the properties, despite SBI's prior registered mortgage - The petitioner argues that the p
India Law Library Docid # 2414482

(3) MRINAL KUMAR SAIKIA Vs. THE STATE OF ASSAM[GAUHATI HIGH COURT] 30-04-2024
State Emblem of India (Prohibition of improper use) Act, 2005 - 7(1)(2) - Penal Code, 1860 (IPC) - Sections 120(B), 255, 256, 257, 259, 260, 406, 417, 419, 420, 463, 465, 466, 468, 471, 472, 474 and 506 - The appellant, accused of a fraudulent scheme involving forged government documents and seals, faced a legal issue regarding bail - His counsel argued that he was not risky of tampering with evidence or influencing witnesses, while the Public Prosecutor argued that bail could hinder the ongoing
India Law Library Docid # 2414485

(4) DR. EENA BAHAN Vs. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY, GOVERNMENT OF BIHAR, PATNA AND OTHERS[PATNA HIGH COURT] 30-04-2024
Education Law - Errors in the answer key - Petitioner challenges the Bihar Public Service Commission's (BPSC) result for the Assistant Professor recruitment exam, citing errors in the answer key - The petitioner contends that the BPSC used an erroneous modal answer key, leading to an incorrect result, and seeks re-evaluation by independent experts - The petitioner argues that the BPSC's answer key is flawed, supported by certificates from professors, and that her objections were not adequately a
India Law Library Docid # 2414487

(5) BISHNU DEO VISWAS @ BISUNDEO BISHAW Vs. STATE OF BIHAR[PATNA HIGH COURT] 30-04-2024
Penal Code, 1860 (IPC) – Sections 366 - Kidnapping, abducting or inducing woman to compel her marriage – The victim was allegedly taken forcibly by the appellant - Co-accused was acquitted - The appeal challenges the conviction and sentence, questioning the credibility of witnesses and the delay in filing the FIR - The defense argued that the prosecution witnesses were contradictory and interested parties. They highlighted the victim's statement under Section 164 Cr.P.C., where she did not accus
India Law Library Docid # 2414488

(6) BISHUNDEO RAI AND OTHER Vs. STATE OF BIHAR[PATNA HIGH COURT] 30-04-2024
Penal Code, 1860 (IPC) – Sections 376(2) and 34 – Rape - The appeal challenges the conviction and sentence, questioning the prosecution's ability to prove the charges beyond reasonable doubt - The defense argues inconsistencies in witness testimonies, absence of spermatozoa, and lack of injuries on the victim's body to suggest that the occurrence of rape is doubtful - The state contends that the conviction is based on consistent and cogent evidence, particularly the testimony of the victim (PW-5
India Law Library Docid # 2414489

(7) SHRIRAM FINANCE LTD Vs. STATE OF GUJARAT AND ANOTHER[GUJARAT HIGH COURT] 30-04-2024
Limitation Act, 1963 - Section 18 - Effect of acknowledgment in writing –The case involves Shriram Finance Ltd. and the State of Gujarat, where a judgment of acquittal was passed based on a time-barred debt - The primary issue is whether the cheque issued on 30.05.2018 falls within the limitation period, considering the loan agreement dated 19.12.2012 and the last payment on 21.07.2014 - The petitioner argues that the 48-month loan period ended in December 2016, making the cheque issued in May 2
India Law Library Docid # 2414490

(8) YASHPALSINH DILIPSINH RATHOD AND OTHERS Vs. STATE OF GUJARAT AND ANOTHER[GUJARAT HIGH COURT] 30-04-2024
Criminal Procedure Code, 1973 (CrPC) – Section 482 - Penal Code, 1860 (IPC) - Sections 354D(1), 294(b), 504 and 506(2) - Protection of Children from Sexual Offenses Act, 2012 - Section 12 - Gujarat Police Act, 1951 - Section 135 - The accused were alleged to have stalked and pressured the victim, and later threatened and assaulted the victim's brother - The main issue was whether the High Court should exercise its power under Section 482 of the CrPC to quash the FIR and subsequent proceedings, c
India Law Library Docid # 2414491

(9) MERAJUDDIN @ MULLAJI KAMRUDDIN MOHD. CHHEDI SHAIKH Vs. STATE OF GUJARAT[GUJARAT HIGH COURT] 30-04-2024
Penal Code, 1860 (IPC) – Section 376(2)(i) - Protection of Children from Sexual Offences Act, 2012 – Sections 4 and 29 – The appeal challenges the trial court's judgment and order of conviction, contending improper appreciation of evidence and defence - The appellant's advocate argued that the prosecution failed to prove the charge beyond reasonable doubt, citing hostile witnesses and discrepancies in the incident's reporting time - The respondent State supported the trial court's judgment, asse
India Law Library Docid # 2414492

(10) AAKASH GANESHBHAI MAKWANA Vs. STATE OF GUJARAT[GUJARAT HIGH COURT] 30-04-2024
Penal Code, 1860 (IPC) - 306, 389, 120B, 34 and 201 – Appellant an advocate, is accused No.6 in a case involving extortion, suicide, and a honey trap conspiracy - The main issue is whether the applicant-accused abetted the suicide of the deceased businessman by being part of a conspiracy to extort money through a honey trap –The petitioner argues that there's no evidence of the applicant-accused meeting or communicating with the deceased, and the FIR is based on a confessional statement of a co-
India Law Library Docid # 2414493

(11) SHIBU R, Vs. MANOJ MUYYODI AND OTHERS[KERALA HIGH COURT] 30-04-2024
Arbitration and Conciliation Act, 1996 - Section 11(5) - Appointment of a sole arbitrator – Partnership Firm - The court ruled that the arbitration request for the dissolution of a partnership was unsustainable due to the withdrawal of a suit and the contention that such matters cannot be referred to arbitration - The petitioner argued for arbitration due to alleged breaches of the partnership agreement by respondents, including misappropriation of funds and failure to settle accounts - Responde
India Law Library Docid # 2414494

(12) THE AREA MANAGER, FOOD CORPORATION OF INDIA Vs. SHRI. P.T.RAJEEVAN[KERALA HIGH COURT] 30-04-2024
Employees' Compensation Act, 1923 - A headload worker claimed compensation from the Food Corporation of India (FCI) for treatment expenses, resulting in a lump-sum compensation of Rs. 1,00,000 - The main issues were the challenge against the award of Rs. 35,001/- for treatment expenses and the dispute over the calculation of compensation based on the respondent's monthly income - FCI argued that the medical expenses should not be honored as they were not at empanelled hospitals per their intern
India Law Library Docid # 2414495

(13) SAILAJA ALIAS SHAILAJA Vs. SHRI A. DURAIRAJ[KERALA HIGH COURT] 30-04-2024
Civil Procedure Code, 1908 - Order 33 Rule 2, Order 33 Rule 5(c) - The appellant filed a suit for the realization of Rs. 4.3 Crores and sought permission to sue as an indigent person - The application was initially accepted but later challenged and set aside, leading to a re-evaluation - The main issue was whether the appellant could be permitted to sue as an indigent person, considering the procedural and substantive requirements of Order XXXIII of the CPC - The appellant argued that the applic
India Law Library Docid # 2414496

(14) DR.PRASHOB PETER K.J Vs. COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY COCHIN UNIVERSITY AND OTHERS[KERALA HIGH COURT] 30-04-2024
Service Law – Appointment - Petitioner filed a writ petition challenging the appointment of the 4th respondent as Assistant Professor in Chemical Oceanography and the qualifications specified in the notification - The main issue was whether the inclusion of 'Chemistry' as a minimum qualification was valid - The petitioner argued that the selection procedure violated UGC regulations and there was malice in law - The respondents argued that the qualifications were as per UGC regulations, the selec
India Law Library Docid # 2414497

(15) DEVI AHILYA VISHWA VIDYALAYA (DAVV) Vs. ADDITIONAL LABOUR COMMISSIONER AND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 30-04-2024
Industrial Disputes Act, 1947 - Section 10(1) – Minimum Wages Act, 1948 - The case involves Devi Ahilya Vishwa Vidyalaya (DAVV) and its Institute of Engineering & Technology (IET) challenging an ex parte award by the Labour Court, which entitled respondents to arrears of minimum wages and regular minimum wages from a certain period onwards - The main issues were the entitlement of respondents to regularization of services, pay fixation, increments, and minimum wages under the Minimum Wages Act,
India Law Library Docid # 2414506

(16) MOTI SINGH Vs. ELECTION COMMISSION OF INDIA AND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 30-04-2024
Election Law – Withdrawal of Candidature - The petitioner sought recognition as the official candidate of the Indian National Congress (INC) for the Indore-26 constituency after the approved candidate withdrew - The main issue was whether the petitioner should be recognized as the official INC candidate and allotted the election symbol after the approved candidate's withdrawal - The petitioner argued that he should be declared the approved candidate and allotted the INC symbol based on the provi
India Law Library Docid # 2414507

(17) M/S BALAJI BAKERY Vs. ADDITIONAL DISTRICT MAGISTRATE COLLECTOR OFFICE, BARWANI (MADHYA PRADESH) AND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 30-04-2024
Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 - Sections 13(2) and 13(4) – The petitioner, who defaulted on a loan of Rs. 17,74,000, challenged the legality of recovery actions taken by Indian Bank under the SARFAESI Act - The bank and ADM, including auction and eviction notices, were alleged to be illegal, arbitrary, and based on fraudulent documents - The petitioner argued that they were not properly notified of the proceedings, leading to
India Law Library Docid # 2414508

(18) YADAVRAO Vs. THE STATE OF MAHARASHTRA[BOMBAY HIGH COURT (AURANGABAD BENCH)] 30-04-2024
Penal Code, 1860 (IPC) – Sections 498A and 306 – Demand of dowry and the suicide of wife - The main issues are whether the appellant subjected his wife to cruelty as defined under section 498A IPC and whether he abetted her suicide under section 306 IPC - The appellant's counsel argues that the prosecution failed to establish charges beyond reasonable doubt, highlighting inconsistencies and lack of evidence regarding the alleged demand and cruelty - The state contends that there was a demand for
India Law Library Docid # 2414509

(19) NEW MANODAY CO-OPERATIVE HOUSING SOCIETY LIMITED AND ANOTHER Vs. UDAY MADHAVRAO JAGTAP AND OTHERS[BOMBAY HIGH COURT] 30-04-2024
Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 - Section 11 – The case involves disputes over land ownership and the legitimacy of a cooperative housing society - The land in question is part of a larger estate owned by ‘M’, with multiple parties claiming inheritance rights - The main issues are the rejection of the society's application for unilateral deemed conveyance of land and the order for deregistration of the society, bo
India Law Library Docid # 2414510

(20) MRS. SHIREEN KERSI DUBASH PARSI INDIAN INHABITANT Vs. MR. KERSI JAI DUBASH PARSI INDIAN INHABITANT[BOMBAY HIGH COURT] 30-04-2024
Fraudulent Divorce Decree - The appeal concerns a divorce decree issued in 1987, which the appellant sought to set aside after 28 years, claiming it was obtained fraudulently - The main issue is whether the divorce decree was obtained by fraud and if the appellant's delay in challenging the decree can be condoned - The appellant argued that the divorce decree was fraudulent, as there was no judgment basis for it, and the second written statement was not filed with her consent - The respondent c
India Law Library Docid # 2414511