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(121) X.Y.Z. Vs. THE DEAN OF B.J. GOVERNMENT MEDICAL COLLEGE AND SASSOON HOSPITAL AND OTHERS[BOMBAY HIGH COURT] 30-05-2024
Medical Termination of Pregnancy Act, 1971 — Section 3(2)(b)(i) — The petitioner seeks permission to terminate a 25-week pregnancy, citing psychological and social reasons —The main issue is whether the continuation of the pregnancy would cause grave psychological injury to the petitioner —The petitioner argues that the pregnancy's psychological impact and social stigma justify termination —The court permits the medical termination of the pregnancy based on the petitioner's psychological health
India Law Library Docid # 2415585

(122) SREE MUTHUVINAYAKAR KAMAKSHIAMMAN EKAMBARESHWARAR DEVASTHANAM, REPRESENTED BY ITS SECRETARY, C.P.DEVARAJ, Vs. K.P.SUBBIAH (DECEASED) BY LRS AND OTHERS[MADRAS HIGH COURT] 29-05-2024
Interpretation of Agreements - The case involves Sree Muthuvinayakar Kamakshiamman Ekambareshwarar Devasthanam and various respondents, including the Certified Goldsmith Association, over agreements for the construction and management of properties for the Viswakarma community's benefit - The primary issue is whether the agreements were violated, leading to the unilateral induction of tenants and mismanagement of property and funds - The Devasthanam argues that the respondents breached the agree
India Law Library Docid # 2415344

(123) MAHESH GUPTA Vs. ASSISTANT CONTROLLER OF PATENTS AND DESIGNS[DELHI HIGH COURT] 29-05-2024
Patent Act, 1970 - Section 2(1)(ja) - The case involves the refusal of an Indian Patent Application for a 'Portable Vehicle Management System' due to lack of inventive step under the Indian Patent Act - The main issue is whether the subject patent application exhibits an inventive step in light of prior art documents D4 and D5 - The appellant argues that the invention's portability is a significant feature not adequately addressed by the Assistant Controller and that the invention is distinguis
India Law Library Docid # 2415346

(124) THE STATESMAN LTD Vs. GOVT OF NCT OF DELHI AND OTHERS[DELHI HIGH COURT] 29-05-2024
Working Journalist & Other Newspaper Employees (Conditions of Service) & Miscellaneous Provisions Act, 1955 - Sections 13 and 17(2) - The Statesman Ltd. appealed against the judgment and review order related to the implementation of the Majithia Wage Board Award for payment of arrears to its employees - The main issue was whether The Statesman Ltd. suffered "heavy cash losses" to claim exemption from paying revised wages under the Majithia Award - The Statesman Ltd. argued it was exempt from pay
India Law Library Docid # 2415347

(125) PRINCIPAL COMMISSIONER OF INCOME TAX (CENTRAL)-3 Vs. PAVITRA REALCON PVT. LTD[DELHI HIGH COURT] 29-05-2024
Income Tax Act, 1961 - Sections 143(2) and 153C – The Income Tax Tribunal (ITAT) conducted a search and seizure operation under Section 132 of the Income Tax Act, 1961, leading to the voluntary disclosure of unaccounted income - The main issue was whether the ITAT was correct in deleting additions made under Section 68 of the Act, based on the presumption of existence of incriminating material - The Revenue argued that the assessment should have been under Section 153C, and the ITAT erred in fi
India Law Library Docid # 2415348

(126) DR ARUN PURI AND ANOTHER Vs. RAJINDER KUMAR AGGARWAL[DELHI HIGH COURT] 29-05-2024
Delhi Rent Control Act, 1958 – Sections 25B(8) and 14(1)(e) – Bona fide requirement - The court ruled that the respondent's requirement for the premises was bona fide, considering his children's financial independence and his ownership of alternate accommodations - The petitioners argued that the premises were used for a nursing home, the respondent had not repaired the property, and he did not require the premises as he resides in Chandigarh - The respondent argued that the premises have not be
India Law Library Docid # 2415349

(127) MADHULIKA GUPTA Vs. M/S SAFEWAY ENTERPRISES PRIVATE LIMITED[DELHI HIGH COURT] 29-05-2024
Delhi Rent Control Act, 1958 – Sections 25B(8) and 14(1)(e) – Bona fide requirement - The main issues were the bona fide requirement of the landlord, the availability of alternate accommodation, and the admissibility of certain documents - The petitioner argued that the eviction petition lacked specific pleadings regarding the Director's lack of alternate accommodation and relied on documents filed with the rejoinder - The respondent supported the eviction order and contended that the lack of sp
India Law Library Docid # 2415350

(128) PRACHEEN SHIV MANDIR AVAM AKHADA SAMITI Vs. DELHI DEVELOPMENT AND OTHERS[DELHI HIGH COURT] 29-05-2024
Demolition of Temple - Pracheen Shiv Mandir Avam Akhada Samiti sought to quash a demolition order for the temple near Taj Enclave, Geeta Colony, claiming it as a central hub for spiritual activities and community gatherings - The main issue was the legality of the demolition order and the temple's claim to the land, considering its significance and the community's religious rights - The petitioner argued that the temple was a significant religious site, invoking Article 25 of the Constitution of
India Law Library Docid # 2415351

(129) SANAPALA JANARDHANA RAO Vs. UNION OF INDIA AND OTHERS[DELHI HIGH COURT] 29-05-2024
Coast Guard Act, 1978 - Sections 4 and 9 - The petitioner contested the rejection of his resignation from the Indian Coast Guard after being selected for a civilian post as a Commercial-cum-Ticket Clerk in Indian Railways - The main issues were whether the petitioner had the right to resign and whether a No Objection Certificate (NOC) should be issued for him to join the railways - The petitioner argued that he has a fundamental right to choose his employment and that about 30 personnel had thei
India Law Library Docid # 2415352

(130) SHAINSHAH Vs. STATE REP. BY INSPECTOR OF POLICE[MADRAS HIGH COURT] 29-05-2024
Penal Code, 1860 (IPC) - Sections 376, 417 and 506(ii) - Rape - The main issue was whether the judgment of conviction by the Fast Track Mahila Court was perverse, warranting interference from the High Court - The appellant argued that the relationship was consensual, the prosecutrix was aware of the consequences, and there was no false promise of marriage to attract Section 375 of IPC - The state contended that the evidence of the prosecutrix and other witnesses was sufficient to convict the app
India Law Library Docid # 2415345

(131) M/s EKANEK NETWORKS PRIVATE LIMITED Vs. ADITYA MERTIA[DELHI HIGH COURT] 28-05-2024
Commercial Courts Act, 2015 - Section 2(1)(c)(xviii) - The petitioner challenged the dismissal of their application under Order 7 Rule 11 of the CPC in a suit filed by the respondent for recovery of salary and damages - The main issue was whether the dispute was a 'commercial dispute' under the Commercial Courts Act, 2015, and if the trial in a regular civil court is barred by the Act - The petitioner argued that the employer-employee relationship constituted an 'agreement for sale of goods or
India Law Library Docid # 2415338

(132) T. BHARATHGOWDA Vs. STATE OF KARNATAKA AND OTHERS[KARNATAKA HIGH COURT] 28-05-2024
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 – Sections 26E and 35 - The petitioner won an auction for a property mortgaged to Canara Bank and seeks registration of the sale certificate dated 30th September 2022 - The Sub-Registrar refused to register the sale certificate, citing pending claims of the Income Tax Department against the borrowers - The petitioner contends that proceedings under the SARFAESI Act have precedence over other laws
India Law Library Docid # 2415339

(133) B. GURUPRASAD Vs. ASSISTANT COMMISSIONER BENGALURU NORTH AND OTHERS[KARNATAKA HIGH COURT] 28-05-2024
Karnataka Scheduled Castes, Scheduled Tribes and Other Backward Classes (Reservation of Appointment Etc.) Act, 1990 - Sections 4A and 4B – The case revolves around the 5th respondent's caste certificate, issued for election purposes, which was later cancelled by the Committee after a complaint of fraudulent obtainment - The main issue is whether the proceedings before the Assistant Commissioner are coram non-judice, meaning without legal authority to adjudicate the case - The petitioner contends
India Law Library Docid # 2415340

(134) ABDUL AZEEM Vs. STATE OF KARNATAKA AND OTHERS[KARNATAKA HIGH COURT] 28-05-2024
Karnataka State Minorities Commission Act, 1994 – Section 4 - Term of office and conditions of service of the Chairman and members - A retired Assistant Police Commissioner and former Legislative Council member was appointed as Chairman of the Karnataka State Minorities Commission for a three-year term, which was later extended for another three years - The issue revolves around the cancellation of the Chairman's second tenure by a government notification, which the petitioner challenges as arbi
India Law Library Docid # 2415341

(135) DR. HARITHA H.S AND OTHER Vs. THE STATE POLICE CHIEF AND OTHERS[KERALA HIGH COURT] 28-05-2024
Penal Code, 1860 (IPC) - Sections 354, 294(b) and 323 - Kerala Healthcare Service Persons and Healthcare Service Institutions (Prevention of Violence and Damage to Property) Amendment Act, 2023 - Section 4(1)(i) – The petitioner, a defacto complainant, alleges assault and molestation by R.4 at her clinic - The petitioner seeks to transfer the investigation to a higher-ranking officer and grant anticipatory bail - The state and police oppose bail, citing the need for arrest and interrogation - Th
India Law Library Docid # 2415342

(136) SHASHANK HARSH AND OTHERS Vs. STATE OF MADHYA PRADESH AND OTHER[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 28-05-2024
Penal Code, 1860 (IPC) – Sections 375, 377, 498A, 294, and 506 - Physical torture, and unnatural sex - The complainant alleged dowry demands, verbal and physical torture, and unnatural sex by petitioner no.1, leading to a mouth infection and coerced abortion - The main legal issues were the applicability of Section 377 (unnatural offences) to a husband's actions with his wife, the delay in FIR filing, and the substantiation of allegations under Sections 498-A (cruelty), 294 (obscene acts), and 5
India Law Library Docid # 2415343

(137) MR. P. M. UMBARKAR Vs. THE STATE OF MAHARASHTRA, THROUGH ITS SECRETARY, PUBLIC WORKS DEPARTMENT AND OTHERS[BOMBAY HIGH COURT (NAGPUR BENCH)] 28-05-2024
Tender - Construction of cement roads - Rejection of - Challenged - A writ petition challenging the rejection of his bid for cement road construction on two grounds: non-ownership of required machinery and inadequate experience as a subcontractor - The court dismissed the petition, finding that the petitioner's firm purchase order for machinery did not equate to ownership and his experience as a subcontractor did not meet the experience criteria as per the tender document's terms - The court not
India Law Library Docid # 2415405

(138) KALPANA WD/O. VILAS TARAM AND OTHERS Vs. THE STATE OF MAHARASHTRA, THROUGH ITS SECRETARY, MINISTRY OF SOCIAL WELFARE AND OTHERS[BOMBAY HIGH COURT (NAGPUR BENCH)] 28-05-2024
Government Resolution - Clauses 3.11 and 3.21 - Compassionate Appointments - A group of writ petitions challenged clauses 3.11 and 3.21 of Maharashtra's Government Resolution on compassionate appointments - Petitioners argued that the 45-year age limit and prohibition on substitution of names in the waiting list were arbitrary and violated the purpose of compassionate appointments - Respondents argued that these policies were necessary to prevent abuse and ensure transparency - The court upheld
India Law Library Docid # 2415406

(139) THE ORIENTAL INSURANCE CO. LTD. AND OTHERS Vs. SH. SHIV PRASAD INDRAMANI@ SHIV PRASAD SHARMA@SHIV PRASAD BHATT AND OTHERS[DELHI HIGH COURT] 27-05-2024
Motor Vehicles Act, 1988 – Sections 163A and 166 - The claimants were parents of the deceased, who died in a road accident involving an offending bus -The claimants sought compensation under various heads, alleging negligence on the part of the bus driver - Whether the deceased suffered fatal injuries due to negligence by the bus driver - Whether the claimants were entitled to compensation? - The insurer argued that the Tribunal had no power to convert the claim petition from Section 166 to Sect
India Law Library Docid # 2415302

(140) SATPAL SHARMA AND ANOTHER Vs. SADHNA ARORA[DELHI HIGH COURT] 27-05-2024
Delhi Rent Control, 1958 – Sections 25B(8) and 14(1)(e) – Eviction order – Challenged - The petitioners are contesting an eviction order based on a fake family settlement - The main issue is the legitimacy of the respondent's ownership and the family settlement that transferred property ownership - The petitioners argue that the respondent is neither the owner nor the landlord, and that the eviction is for selling the property at a higher price - The respondent maintains ownership of the propert
India Law Library Docid # 2415303