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(141) KANGKAN KISHORE BORAH Vs. THE STATE OF ASSAM AND OTHERS [GAUHATI HIGH COURT] 09-11-2023
The petitioner Kangkan Kishore Borah instituted T.S. No. 497/2013 in the Court of Civil Judge No. 1, Kamrup at Guwahati praying for a declaration that the letter dated 16.08.2013 issued by the defendant no. 4 therein namely the Secretary Jyoti Chitraban, Film Studio Society to be bad in law, in-operative and not binding upon the plaintiff and further for a declaration that the defendants are jointly and severally liable to pay a sum of Rs.29,02,167/- (Twenty Nine Lakhs Two Thousand One Hundred S
India Law Library Docid # 2400546

(142) SRI JOGEN BARUAH AND OTHERS Vs. THE STATE OF ASSAM [GAUHATI HIGH COURT] 09-11-2023
This appeal, under section 374(2) Cr.P.C., six appellants namely, Shri Jogen Baruah, Nandeswar Baruah, Basanta Baruah, Kalpendra Baruah, Jyotish Baruah and Someswar Baruah, have put to challenge the correctness or otherwise of the judgment and order dated 05.02.2012, passed in Sessions Case No. 225 (N)/ 2000, arising out of Samaguri P.S. Case No. 50/1999, under sections 147/148/324/323 IPC added section 302 IPC, by the learned Sessions Judge, Nagaon
India Law Library Docid # 2400547

(143) PHULLAN AND OTHERS Vs. STATE OF U.P. [ALLAHABAD HIGH COURT (LUCKNOW BENCH)] 09-11-2023
Penal Code, 1860 (IPC) – Sections 307 read with 34 – Attempt to Murder – Trial court has power to find the accused guilty for lesser offence even if charge is made for major offence, but when the charge was framed for lesser offence the court cannot convict the accused for major offence without alteration of charge - Hence when the prosecution has proved prosecution version regarding major offence under section 307 IPC and it is proved by the evidence that all the appellants acted with common in
India Law Library Docid # 2400511

(144) SHAMIM AND OTHERS Vs. STATE OF U.P. [ALLAHABAD HIGH COURT] 09-11-2023
Penal Code, 1860 (IPC) – Sections 376 and 452 – Cases of a false accusation of Rape – Land Dispute - On the same day, a prosecutrix underwent a medical examination at Community Health Center, revealing no external injuries, a loose vagina, normal uterus size, and sperm examination - The Investigating Officer conducted a spot inspection, prepared a site plan, and recorded the prosecutrix's statement - The charge-sheet was submitted against four accused persons, including co-accused, who died duri
India Law Library Docid # 2400512

(145) In the Matter of Goods of Late Mahadev, Amar Nath Pandey[ALLAHABAD HIGH COURT] 09-11-2023
Testamentary Suit - Grant of letter of administration - Some defendants contested a testamentary case, resulting in a conversion of the case into a suit through the filing of a caveat and written statement. - The case involved a Will executed by ‘M’ in 1980, challenged in a 1982 suit by ‘S’ sons - The court found the Will forged, and the plaintiff's appeal was withdrawn due to alleged compromise in 1989 - Considering the facts and circumstances of the case, this Court finds that the suit filed b
India Law Library Docid # 2400513

(146) TAQA INDIA POWER VENTURES PRIVATE LIMITED AND ANOTHER Vs. NCC INFRASTRUCTURE HOLDINGS LIMITED [DELHI HIGH COURT] 09-11-2023
The present enforcement proceedings have been filed for enforcement of a foreign award dated 24.01.2018, rendered by a three-member Arbitral Tribunal in an arbitration arising out of a Securities Purchase Agreement dated 19.09.2012 [“the SPA”]. The arbitration was held under the aegis of the Singapore International Arbitration Centre and the seat of the arbitration was in Singapore.
India Law Library Docid # 2400500

(147) M/S ORIENTAL STRUCTURAL ENGINEERS PVT.LTD. Vs. NATIONAL HIGHWAYS AUTHORITY OF INDIA (NHAI) [DELHI HIGH COURT] 09-11-2023
By way of this petition under Section 34 of the Arbitration and Conciliation Act, 1996 [hereinafter, “the Act”], the petitioner assails an arbitral award dated 21.04.2018, by which a three-member Arbitral Tribunal has adjudicated disputes between the parties under a Contract Agreement dated 04.11.2004 [hereinafter, “the Contract”].
India Law Library Docid # 2400502

(148) KRISHAN GABA Vs. STATE (NCT OF DELHI) AND ANOTHER [DELHI HIGH COURT] 09-11-2023
It is further alleged by the prosecutrix that the petitioner with the help of his friend, took her nude photographs and threatened her to have physical relations with him and his friend or they would publicize her nude photographs. Thereafter the petitioner and his friend established physical relations with the prosecutrix under the threat of publicizing her nude photographs.
India Law Library Docid # 2400503

(149) ANKIT BABULAL PARIKH Vs. STATE OF GUJARAT [GUJARAT HIGH COURT] 09-11-2023
By way of this application under Section 482 of the Code of Criminal Procedure, 1973, the applicants have prayed to quash and set aside the complaint being C.R. No.11190004231432 of 2023 registered with Gadhada Police Station for the offences under Sections 306 and 114 of Indian Penal Code and all the consequential proceedings arising therefrom.
India Law Library Docid # 2400504

(150) BHARATBHAI DHIRUBHAI PANDIT Vs. STATE OF GUJARAT [GUJARAT HIGH COURT] 09-11-2023
Gujarat Minor Mineral Concession Rules, 2017 – Rule 21 and 22 - Mines and Minerals (Development and Regulation) Act, 1957 - Section 22 – Rule 22 of the Rules allows authorities to compound offences before prosecution, preventing further proceedings - If compounded, proceedings cease, and if in custody, the accused is discharged, and property seized is released - The Rule itself thus provides that the investigation is by the authority under the MMDR Act - The investigation cannot be conducted by
India Law Library Docid # 2400505

(151) JAGDISHBHAI BHOGILAL SHRIMALI Vs. STATE OF GUJARAT [GUJARAT HIGH COURT] 09-11-2023
Penal Code, 1860 (IPC) – Sections 420, 465, 468 and 120(B) - Involvement in such a scam of job seekers and job aspirants –Application for Bail - When serious offences are disclosed and involvement of an accused is prima facie established then, the Court would be loath to lean in favour of grant of pre-arrest bail in absence of any other overriding considerations - The alleged offence is in nature of white collar and socio economic offence
India Law Library Docid # 2400506

(152) JAMSHERKHANJI T TUNVAR (DECEASED THRU HIS LEGAL HEIRS) & 5 OTHERS Vs. STATE OF GUJARAT & 6 OTHERS [GUJARAT HIGH COURT] 09-11-2023
Bombay Merged Territories and Areas (Jagirs Abolition) Act, 1953 – Section 2(4)(i), 10, 11 and 13 – Suit for recovery of an amount – The Amendment Act, 1982, provided compensation for vesting rights to mines and mineral products in the State Government - Jagirdars in Jagir villages were entitled to an amount equivalent to the average net annual income received during the three years preceding vesting - The compensation was to be paid to the Jagirdars for their rights extinguished, and they had t
India Law Library Docid # 2400507

(153) JITENDRA SINGH @ BABLU AND 12 OTHERS Vs. STATE OF U.P. AND 3 OTHERS [ALLAHABAD HIGH COURT] 09-11-2023
Criminal Procedure Code, 1973 (CrPC) – 173(8) - Penal Code, 1860 (IPC) – Sections 147, 148, 323, 324, 325, 308, 504 and 506 – Land Dispute - Further investigation - It is settled principles of law that the police has a right to further investigate the matter even after the submissions of the charge sheet/report before the learned Magistrate and even after the Magistrate had taken cognizance of the report/charge sheet - In exercise of power u/S 173 (8) Cr.P.C of the Code
India Law Library Docid # 2400508

(154) MAHLE GMBH Vs. PARAG KIRNKUMAR TATARIYA AND OTHERS [GUJARAT HIGH COURT] 09-11-2023
Trade Marks Act, 1999 – 11(3)(A), 11(10), 18(1) and 47(1)(A) – The respondent's registered mark MAHLE, originating from the Hermann and Ernst Mahle brothers' surname, is identical to the writ-applicant's trademark - The writ-applicant has used the mark since 1938 and sources its products from India - The mark is essential to the writ-applicant's corporate name and is considered a ‘person aggrieved’ - Its clearly shows that the applicant is not true proprietor of the impugned mark under section 1
India Law Library Docid # 2400509

(155) NARESHKUMAR LADHAJI JAT Vs. STATE OF GUJARAT [GUJARAT HIGH COURT] 09-11-2023
Bombay Land Revenue Code, 1879 – Section 73AA - Negotiable Instruments Act, 1881 – Sections 138 and 142 - The appellant wants to buy restricted tenure agriculture land from respondent No.2, who has assured the appellant to obtain necessary permission and paid a sale consideration of Rs.7 lacs – Cheque Dishonoured – The court ruled that the accused cannot be held responsible for the cheque payment due to the complainant's failure to prove a legally enforceable debt - The accused's probable defens
India Law Library Docid # 2400510

(156) DR. NIRMAL DROLIA @ NIRMAL KUMAR DROLIA AND OTHER THE STATE OF JHARKHAND AND ANOTHER [JHARKHAND HIGH COURT] 09-11-2023
Penal Code, 1860 (IPC) - Section 304A - Medical negligence - Death - Quashing of criminal proceedings - A private complaint may not be entertained unless the complainant has produced prima facie evidence in the form of credible opinion given by another doctor to
India Law Library Docid # 2400565

(157) UMESH KUMAR BOHARE Vs. IQBAL SINGH BAIS (DELETED) AND OTHERS [MADHYA PRADESH HIGH COURT (GWALIOR BENCH)] 09-11-2023
In compliance of order passed on 6.11.2023, Collectors of nine districts namely Gwalior Bhind, Morena, Guna, Sheopur, Shivpuri, Datia, Ashoknagar and Vidisha have filed affidavits.
India Law Library Docid # 2400552

(158) SUNIL @ PATWARI CHOUDHARI Vs. THE STATE OF MADHYA PRADESH [MADHYA PRADESH HIGH COURT] 09-11-2023
Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS) - Section 8(c) read with Section 20(b)(ii)(B) - Recovery of Ganja - Non-production of sample packets - Acquittal - Two polythene packets were seized, which were of different weights and packagings, and no observation was made by the Seizure Officer that they were containing identical material of
India Law Library Docid # 2400553

(159) PAWAN BAFNA AND OTHERS Vs. THE STATE OF MADHYA PRADESH AND OTHERS [MADHYA PRADESH HIGH COURT (INDORE BENCH)] 09-11-2023
Criminal Procedure Code, 1973 (CrPC) - Section 482 - Penal Code, 1860 (IPC) - Section 498-A and 406 - Dowry Prohibition Act, 1961 - Sections 3 and 4 - Cruelty and demand of dowry - Quashing of FIR - Compromise - High Court could have exercised its jurisdiction under Section 482 of Cr.P.C. because parties have amicably settled the dispute and the case did not pertain to an offence of moral turpitude or grave offences like rape, murder etc -
India Law Library Docid # 2400554

(160) RAGHUVEER SHARAN Vs. DISTRICT SAHAKARI KRISHI GRAMIN VIKAS BANK DISTRICT DATIA [MADHYA PRADESH HIGH COURT] 09-11-2023
Criminal Procedure Code, 1973 (CrPC) - Section 319 - Summoning of witness as accused - A witness cannot be excused if he denies to answer any question which can make him accused - Meaning thereby, if any question is put to witness and answer of that question, if makes him accused and it is denied to answer, the said witness can be made accused - In the present case,
India Law Library Docid # 2400555