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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

(121) G.PRAKASHA RAO (DIED) AND OTHERS Vs. GANAPA MOHINAMMA AND OTHERS[ANDHRA PRADESH HIGH COURT] 15-07-2024
Joint Family Property — Proof of execution of a will — The court reiterated that if a will is contested, the propounder of the will has the burden of proving its execution in accordance with Section 68 of the Indian Evidence Act — Mere registration of a will is not sufficient to establish its validity, and the evidence of attesting witnesses and scribes must be carefully examined to establish the genuineness of the will.

Joint family properties — The court clarified that properties inherited f
India Law Library Docid # 2416191

(122) M/S. BUILDMATE PROJECTS PVT. LTD. Vs. MR. K. SURYANARAYANA[TELANGANA HIGH COURT] 15-07-2024
Civil Procedure Code, 1908 (CPC) — Order 15A — The petitioner was ordered to pay rent arrears and future rents for a leased property — The lease transitioned from a registered to an unregistered deed — The applicability of Order XVA of CPC, amended to Commercial Court proceedings was challenged — The respondents argued that the amended CPC provisions under the Commercial Courts Act, 2015 apply and that the petitioner defaulted on rent — The court upheld the order, directing rent payment with a t
India Law Library Docid # 2416276

(123) P. JANGA REDDY Vs. STATE OF TELANGANA AND OTHERS[TELANGANA HIGH COURT] 15-07-2024
Cooperative Housing Society elections — Petitioners, claiming Journalists Cooperative Housing Society membership, seek elections per prior court orders, alleging unfair exclusion from the voters list — The court examines the validity of the exclusion and election conduct — Petitioners argue arbitrary exclusion despite meeting eligibility criteria and challenge the Three-Member Committee's report — Respondents claim invalid membership due to irregularities and support the report — The court order
India Law Library Docid # 2416277

(124) MRS A Vs. THE PRINCIPAL SECRETARY, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVT. OF NCT OF DELHI AND OTHERS[DELHI HIGH COURT] 13-07-2024
Medical Termination of Pregnancy Act, 1971 — Sections 3(2B) and 3(3) — Foetal abnormalities — The High Court allowed a woman to terminate her pregnancy beyond the 24-week gestational age due to substantial foetal abnormalities — The woman, 31 years old, had undergone several ultrasound scans that initially showed a normal pregnancy, but later revealed severe abnormalities, including bilateral ventriculomegaly and corpus callosum agenesis — The AIIMS Medical Board, composed of multidisciplinary
India Law Library Docid # 2416124

(125) MUBEENA BANU Vs. STATE OF KARNATAKA AND OTHERS[KARNATAKA HIGH COURT] 12-07-2024
Karnataka Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Gamblers, Goondas (Immoral Traffic Offencers, Slum-Grabbers and Video or Audio Pirates) Act, 1985 — Sections 3(2) and 3(3) — Detention — Dismissal of Writi Petition —The court rejected the petitioner's arguments that her son's detention was illegal due to language barriers, wrongful registration in the Rowdy Sheet, and the withdrawal of a complaint by his wife — The court noted that the detenue had 20 criminal cases pen
India Law Library Docid # 2415988

(126) SMT. NANDINI Vs. THE D.G AND I.G.P OF POLICE AND OTHERS[KARNATAKA HIGH COURT] 12-07-2024
Karnataka Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Gamblers, Goondas (Immoral Traffic Offencers, Slum-Grabbers and Video or Audio Pirates) Act, 1985 — Sections 3(2) and 3(3) — High Court dismissed a petition challenging a detention order — The court held that the petitioner's argument that he did not know Kannada or English and was not provided with legible copies of the documents supporting the detention order were unsustainable — The court further held that the fact
India Law Library Docid # 2415989

(127) KANTILAL MAGANLAL SHAH AND ANOTHER Vs. STATE OF GUJARAT AND ANOTHER[GUJARAT HIGH COURT] 12-07-2024
Penal Code, 1860 (IPC) — Sections 465, 467, 471, 406, 420 and 114 — Forgery, cheating, and criminal conspiracy — Quashing of FIR — The case involves a dispute over ancestral property between siblings — The court dismissed the application, stating that there were prima facie elements of forgery in the case and that the investigation should proceed — The court also noted that the delay in lodging the complaint was procedural and not intentional — The court clarified that its observations were rele
India Law Library Docid # 2415990

(128) STATE OF GUJARAT Vs. JANARDAN JETHALAL BHATT[GUJARAT HIGH COURT] 12-07-2024
Prevention of Corruption Act, 1988 — Sections 7, 13(1)(d) and 13(2) — The High Court dismissed the appeal filed by the State against the acquittal of the accused in a corruption case — The court found that the prosecution failed to establish the elements of demand, acceptance, and recovery of illegal gratification beyond reasonable doubt — The court also noted that the sanction for prosecution was accorded mechanically without proper application of mind by the sanctioning authority, rendering it
India Law Library Docid # 2415991

(129) AMAN KUMAR RANA Vs. STATE OF HIMACHAL PRADESH[HIMACHAL PRADESH HIGH COURT] 12-07-2024
Penal Code, 1860 (IPC) — Section 302 — Murder — Conviction and sentence — The recovery of the alleged murder weapon and clothes worn by the accused were not properly proved — The DNA report, which showed a match between the blood stains on the accused's clothes and the deceased's blood, was not sufficient to establish guilt as the recovery of the clothes was doubtful — The prosecution failed to establish any motive or enmity between the accused and the deceased — The prosecution failed to establ
India Law Library Docid # 2415992

(130) RAM Vs. STATE OF HIMACHAL PRADESH[HIMACHAL PRADESH HIGH COURT] 12-07-2024
Penal Code, 1860 (IPC) — Sections 454, 380, 420, 465, 468, 471, 201 and 34 —Motor Vehicles Act, 1988 — Sections 177, 194(D), 181, 192, 196 and 207 — Incomplete investigation — Petitioner had been in custody since April 2, 2024, and the trial would take a long time to conclude — The prosecution failed to provide any evidence that the petitioner would tamper with the evidence or abscond — The court ordered the petitioner to be released on bail subject to certain conditions, including appearing bef
India Law Library Docid # 2415993

(131) BLOOM INTERNATIONAL SCHOOL Vs. CENTRAL BOARD OF SECONDARY EDUCATION[DELHI HIGH COURT] 12-07-2024
Education Law — High Court has dismissed a petition filed by a school seeking permission for its students to appear in the Class 10 and 12 compartment examinations scheduled for July 15, 2024 — The school had failed to submit the details of its students on the online portal of the Central Board of Secondary Education (CBSE) within the stipulated time period — The court observed that the examination is an All India Examination, and reopening the online portal at this late stage would disturb the
India Law Library Docid # 2415994

(132) BIBHAV KUMAR Vs. STATE OF NCT OF DELHI[DELHI HIGH COURT] 12-07-2024
Penal Code, 1860 (IPC) — Sections 308, 341, 354B, 506 and 509 — Bail — Petitioner the personal secretary (PS) to the Chief Minister of Delhi, in a case of alleged assault on a sitting Member of Parliament (MP) — The court found that there were reasonable grounds to believe that petitioner had committed the offense and that there was a likelihood of witnesses being influenced or evidence being tampered with if he was released on bail — The court also noted that petitioner had a history of crimina
India Law Library Docid # 2415995

(133) SATISH YADAV AND OTHERS Vs. STATE OF BIHAR[PATNA HIGH COURT] 12-07-2024
Penal Code, 1860 (IPC) — Sections 304(B), 498A and 201 — Dowry death — The court found that the prosecution failed to establish the necessary ingredients of Section 304(B), including proof of dowry demand and cruelty towards the deceased — The court also noted that there were no eye-witnesses to the crime and that the circumstantial evidence presented by the prosecution was insufficient to establish guilt — The court acquitted the accused, giving them the benefit of doubt.
India Law Library Docid # 2415996

(134) LALAN CHAUDHARY AND OTHERS Vs. THE STATE OF BIHAR[PATNA HIGH COURT] 12-07-2024
Penal Code, 1860 (IPC) — Sections 147, 148, 323, 324, 325, 326, 307, 149, 427 and 447 — Sentence and Conviction — Standard of proof for Section 307 — The court found that the prosecution failed to prove the essential elements required to establish the charge under Section 307, which deals with attempt to murder.

B. Penal Code, 1860 (IPC) — Sections 147, 148, 323, 324, 325, 326, 307, 149, 427 and 447 — Sentence and Conviction — Standard of proof for Section 326 — The court also found that the
India Law Library Docid # 2415997

(135) GOPAL BIHARI Vs. THE HONBLE HIGH COURT OF JUDICATURE AT PATNA THROUGH ITS REGISTRAR GENERAL AND OTHERS[PATNA HIGH COURT] 12-07-2024
Bihar Superior Judicial Service Rules, 1951 — Rule 4-A(vi) — High Court dismissed a batch of writ petitions challenging the Bihar Superior Judicial Service (Entry Level) Preliminary Examination, 2023 — The petitioners raised objections regarding specific questions and answers, as well as the cut-off marks for various categories — The court ruled that there was no reason to interfere with the results of the screening test or the main examination scheduled for July 14, 2024 — The court emphasized
India Law Library Docid # 2415998

(136) PARWATI DEVI AND OTHERS Vs. REGIONAL MANAGER, ORIENTAL INSURANCE CO. LTD.[PATNA HIGH COURT] 12-07-2024
Motor Vehicles Act, 1988 — Section 173 — Modification of the compensation — Modification of the compensation awarded by the Motor Accident Claims Tribunal in a road accident case — The court increased the compensation amount from Rs. 5,71,500/- to Rs. 9,46,400/-, considering factors such as future prospects, loss of consortium, and funeral expenses — The insurance companies, Oriental Insurance Co. Ltd. and National Insurance Co. Ltd., were directed to pay half of the balance amount to the claima
India Law Library Docid # 2415999

(137) HUSSAIN ZAIDI ALIAS GUDDU Vs. STATE OF UP AND OTHERS[ALLAHABAD HIGH COURT] 12-07-2024
Penal Code, 1860 (IPC) — Sections 420, 467, 468 and 471 — Forged family settlement document — Quashing of FIR — The petitioner argued that the dispute was essentially civil in nature and that no preliminary investigation was conducted before lodging the FIR — The court, however, found that a preliminary inquiry had been conducted and that the dispute was not purely civil but had criminal elements, such as forgery — The court dismissed the petition and allowed the investigation to continue — The
India Law Library Docid # 2416000

(138) AMARDEEP KASHYAP Vs. STATE OF U.P AND OTHERS[ALLAHABAD HIGH COURT] 12-07-2024
Compassionate Appointment — This is a review application filed by applicant seeking review of an order dated 05.04.2024, which dismissed his writ petition to quash an order denying him compassionate appointment and payment of retiral dues following the death of his father — The delay in filing the review application was condoned, but the court found no error apparent on the face of the record or any new and important evidence to warrant a review — The court dismissed the review application.
India Law Library Docid # 2416001

(139) GOVIND SASI Vs. THE STATE OF MADHYA PRADESH[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 12-07-2024
Limitation Act, 1963 — Section 5 — Condonation of Delay — The petitioner was convicted under the M.P. Govansh Vadh Pratishedh Adhiniyam, 2004 — He filed for condonation of delay in appealing the conviction —Whether the delay of over five years in filing the appeal should be condoned —The delay was due to the petitioner's lack of knowledge about the law, the COVID-19 pandemic, and his absence for work —The petitioner should have been aware of the court proceedings and filed the application with b
India Law Library Docid # 2416003

(140) GURSANT SINGH AND OTHERS Vs. STATE THROUGH NATIONAL INVESTIGATION AGENCY AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 12-07-2024
Narcotic Drugs and Psychotropic Substances Act, 1985 — Sections 8, 27A and 29 — National Investigation Agency Act, 2008 — Section 21 — Unlawful Activities (Prevention) Act, 1967 — Sections 10, 11, 13, 17, 18, 20 and 21 — Bail — Four individuals accused of drug trafficking and association with a proscribed terrorist organization under the NDPS Act and the UAPA — The court found that the accused had been in custody for nearly four years, and there was no likelihood of the trial being concluded in
India Law Library Docid # 2416042