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(201) KAMLESH SINGH Vs. STATE OF U.P. AND OTHERS[ALLAHABAD HIGH COURT] 27-06-2024
Criminal Procedure Code, 1973 (CrPC) — Section 482 — An application under Section 482 of the code to quash a charge sheet and cognizance order in a criminal case — The case involves a dispute over property and a power of attorney that was executed 15 years ago — The court finds that the dispute is essentially civil in nature and that the criminal charges are not supported by the evidence — The court cites several Supreme Court decisions that emphasize the importance of not using criminal proceed
India Law Library Docid # 2415807

(202) AJMAL @ PUTTU Vs. STATE OF KERALA AND OTHERS[KERALA HIGH COURT] 27-06-2024
Penal Code, 1860 (IPC) — Sections 302, 324, 326, 212 read with 34 — Petitioner, is accused of multiple crimes, including murder, and has a history of bail violations —The petitioner seeks to set aside an order cancelling his bail due to alleged involvement in another crime while on bail — Claims of being falsely implicated in the new crime out of vengeance by the Investigating Officer — The High Court dismissed the petition, directing the petitioner to surrender, justifying the bail cancellatio
India Law Library Docid # 2415808

(203) AGAM PRASAD SRIVASTAVA Vs. UTTAR BIHAR GRAMIN BANK AND OTHERS[PATNA HIGH COURT] 27-06-2024
Uttar Bihar Gramin Bank (Officers and Employees) Service Regulation, 2008 — Regulation 38(1)(b)(iv) and 46 — A petitioner was removed from service by Uttar Bihar Gramin Bank (UBGB) after a departmental proceeding, which he argues is unjust — The court questioned the justness of the removal, the substantiation of charges, and the excessive punishment — The petitioner argued that the charges were not substantiated with material evidence, the punishment was disproportionate, and procedural norms we
India Law Library Docid # 2415809

(204) SHAMBHU CHAUDHARY AND OTHERS Vs. TETARI DEVI AND OTHERS[PATNA HIGH COURT] 27-06-2024
Constitution of India, 1950 — Article 226 — The writ petition challenges an order allowing the exhibition of a sale deed and rent receipts in a title suit, which the petitioners claim is a deliberate delay tactic —The main issue is whether the interlocutory order, which has not disposed of the suit, is amenable to writ jurisdiction under Article 226 of the Constitution of India —Petitioners argue for quashing the order on the grounds that it was passed to delay the case's disposal — The court gr
India Law Library Docid # 2415810

(205) BRIJ BHUSHAN Vs. STATE OF HIMACHAL PRADESH AND OTHERS[HIMACHAL PRADESH HIGH COURT] 27-06-2024
Penal Code, 1860 (IPC) — Sections 354(A)(I) and 354D — The petitioner was accused of sending obscene messages and harassing a woman —The petitioner sought to quash the FIR, alleging it was false and an abuse of the legal process — The respondent/State opposed, asserting the FIR's validity and the charge sheet's filing after investigation — Claimed innocence and argued that the FIR was false, constituting an abuse of the legal process —Maintained that the investigation substantiated the allegatio
India Law Library Docid # 2415812

(206) LUVPREET SINGH @ LABBU AND OTHERS Vs. STATE OF UTTARAKHAND AND OTHERS[UTTARAKHAND HIGH COURT] 27-06-2024
Penal Code, 1860 (IPC) — Sections 147, 148, 149, 34, 324, 307, 397, 427, 411, 504 and 506 —Arms Act, 1959 — Section 25 — The applicants are accused of attacking with a lathi, danda, and swords, resulting in injuries —The main issue is whether the applicants should be granted bail considering the nature of the accusations and their criminal history —The defence argues that the medical report does not support the prosecution's case, no specific role is assigned to the applicants, and they have bee
India Law Library Docid # 2415940

(207) MOHAMMAD KHURSHID Vs. STATE OF UTTARAKHAND[UTTARAKHAND HIGH COURT] 27-06-2024
Narcotic Drugs and Psychotropic Substances Act, 1985 — Section 52A(2) — Possession of 610 gms of smack —Accused has been in custody since the 30.08.2022 —The main issue is the alleged non-compliance with Section 52A (2) of the NDPS Act during the seizure and sampling of the contraband —The appellant's counsel argued that mandatory provisions of the NDPS Act were not followed, which entitles the appellant to bail —The Deputy Advocate General contended that the provisions of Section 52A (2) were c
India Law Library Docid # 2415941

(208) SARDAR DEVENDRA SINGH Vs. SMT. MANPREET KAUR[UTTARAKHAND HIGH COURT] 27-06-2024
Hindu Marriage Act, 1955 — Sections 13(1)(i-a), 25 and 27 — Divorce — Cruelty — Permanent alimony — The marriage was solemnized on 29.10.2011, with no children from the union — They have been living separately since September 2014 — The primary issue is the appellant-husband's appeal against the divorce granted to the respondent-wife by the Family Court on the grounds of cruelty — The High Court upheld the Family Court's decision, granting divorce and permanent alimony of Rs.2,50,000/- to the r
India Law Library Docid # 2415942

(209) SMT. AAFTARA Vs. STATE OF UTTARAKHAND AND ANOTHER[UTTARAKHAND HIGH COURT] 27-06-2024
Penal Code, 1860 (IPC) — Sections 342 and 295A — The main issue is whether the applicant should be granted anticipatory bail considering the allegations of pressuring the victim to convert her religion — The applicant claims to be falsely implicated and asserts that the relationship between the co-accused and the victim was consensual and both parties were adults —The court granted anticipatory bail with conditions.
India Law Library Docid # 2415943

(210) JOSHY FRANCIS AND ANOTHER Vs. JAMES GEORGE AND OTHERS[KERALA HIGH COURT] 26-06-2024
Arbitration and Conciliation Act, 1996 — Section 9 — A partnership dispute involving the firm D' Heavenly Mist, with the removal of the 1st respondent as managing partner being contested —The legitimacy of the 1st respondent's removal and the jurisdiction of the Additional District Judge to pass orders under the Commercial Courts Act — The Additional District Judge lacked jurisdiction, and the interim order should be vacated as arbitration was not commenced within 90 days
India Law Library Docid # 2415782

(211) RADHE YADAV Vs. PRABHAS YADAV[PATNA HIGH COURT] 26-06-2024
Evidence Act, 1872 — Sections 91 and 92 — Evidence of terms of contracts, grants and other dispositions of property reduced to form of document — The case revolves around the correct plot number in property sale deeds, with the petitioner seeking rectification of a mistake made by the deed writer — The primary issue is whether oral evidence can be admitted to correct the alleged misdescription of the property in the sale deeds — The respondent argues that the petitioner's claims are fraudulent a
India Law Library Docid # 2415783

(212) TANKADHAR BEHERA Vs. LINGARAJ LENKA[ORISSA HIGH COURT] 26-06-2024
Civil Procedure Code, 1908 (CPC) — Section 80 — Requirement of notice before suing the Government or a public officer in their official capacity — The advocate, an advocate, filed a civil suit for damages against a Sub-Inspector of Police for wrongful confinement and abuse, resulting in a damaged reputation — The main issues involved the maintainability of the suit, cause of action, non-joinder of necessary parties, and compliance with Section 80 CPC — The advocate argued that his dignity and pr
India Law Library Docid # 2415784

(213) SURESH KUMAR DAGLA AND OTHERS Vs. STATE OF CHHATTISGARH AND OTHERS[CHHATTISGARH HIGH COURT] 26-06-2024
Chhattisgarh Land Revenue Code, 1959 — Section 170B — The petitioners, who migrated from Rajasthan to Chhattisgarh, challenged the cancellation of their caste certificate and petrol pump dealership, claiming it was done without due process and contrary to evidence showing they belong to the Bheel Tribe — They argued that their ancestors are from the Bheel Tribe and that they have faced legal challenges regarding property ownership, affirming their tribal status — The respondents argued that the
India Law Library Docid # 2415785

(214) M/S ASHOK CONSTRUCTION COMPANY Vs. M/S UTTAM RICE MILL DHAMTARI[CHHATTISGARH HIGH COURT] 26-06-2024
Civil Procedure Code, 1908 (CPC) — Order 21 Rule 105 and Order 21 Rule 106 — A civil suit was filed by the appellant for recovery of Rs. 2,18,000 with interest, which was allowed by the trial court — The execution application was dismissed due to delay and non-compliance — The appellant argues that the dismissal was unjust and seeks restoration of the execution proceedings, arguing that procedural rules should aid justice — The respondent supports the dismissal, stating that the appellant's negl
India Law Library Docid # 2415786

(215) VIJAY KUMAR KHARRA Vs. STATE OF CHHATTISGARH AND OTHERS[CHHATTISGARH HIGH COURT] 26-06-2024
Chhattisgarh Industrial Relations Act, 1960 — Section 31(3) — The Chhattisgarh State Power Distribution Company Limited (CSPDCL) employees are suing the company for disciplinary actions, including withholding pension and demotion — The main issue is the maintainability of writ petitions filed by the employees, given the existence of an alternative remedy under the Chhattisgarh Industrial Relations Act, 1960 — The petitioners argue they were not responsible for the losses and that the departmenta
India Law Library Docid # 2415787

(216) ANJALI TIWARI AND ANOTHER Vs. GURU GHASIDAS UNIVERSITY AND OTHERS[CHHATTISGARH HIGH COURT] 26-06-2024
Selection — Written Exam — The UGC Regulations, 2022, govern the admission process for Ph.D. programs in the field of Biotechnology — The university, despite being toppers in the written exam, failed to select the appellants due to alleged bias and favoritism in the interview process — The appellants claimed that the selection process was biased, as they received lower interview marks compared to lower-ranked candidates — The university argued that the interview was fair and the higher marks wer
India Law Library Docid # 2415788

(217) THE ORIENTAL INSURANCE COMPANY LIMITED Vs. V.MURALI AND OTHERS[ANDHRA PRADESH HIGH COURT] 26-06-2024
Motor Accident Claims — The case involves a motor vehicle accident resulting in a death, leading to a compensation claim of Rs.12,00,000 — The tribunal awarded Rs.8,41,000, but the appeal challenged the award, questioning notional income, multiplier application, and compensation under conventional heads — The petitioners argued for compensation based on the deceased's income from tailoring and seasonal business, while respondents argued compensation should be paid by the bus owner and insurer —
India Law Library Docid # 2415789

(218) MUNAVATHUDHARU NAIK Vs. OFFICE OF THE HONOURABLE CHANCELLOR[ANDHRA PRADESH HIGH COURT] 26-06-2024
UGC Regulations, 2018 — Regulation 7.3 — Dr. YSR Horticultural University Act, 2007 — Section 26(1) — The case revolves around the alleged violation of UGC Regulations by the reappointment of Dr. YSR Horticulture University's Vice Chancellor without a fresh selection process — The petitioner argues that the initial appointment was not compliant with UGC regulations due to the absence of a UGC nominee in the selection committee — The respondents argue that a fresh selection process is unnecessary
India Law Library Docid # 2415790

(219) PINNELLI RAMAKRISHNA REDDY Vs. THE STATE OF ANDHRA PRADESH[ANDHRA PRADESH HIGH COURT] 26-06-2024
Penal Code, 1860 (IPC) — Sections 143, 147, 448, 427, 353, 452 and 120 —Prevention of Damage to Public Property Act, 1984 — Section 3— Representation of the People Act, 1951 — Sections 131 and 135 — A petitioner is accused of entering a polling booth and vandalizing election equipment — He filed for anticipatory bail, which was contested by the State — The petitioner claims the allegations are fabricated to damage his reputation and that the delay in filing the police memo was orchestrated by op
India Law Library Docid # 2415791

(220) AMIT KATYAL Vs. DIRECTORATE OF ENFORCEMENT GOVERNMENT OF INDIA[DELHI HIGH COURT] 26-06-2024
Prevention of Money Laundering Act, 2002 — Section 45 and 45(1) — Criminal Procedure Code, 1973 (CrPC) - Section 439 — Interim bail on medical grounds — Post-surgery medical issues — On a conspectus of the report by the Medical Board of the AIIMS as also the treating Doctors at DDU Hospital as per the prescription, besides the medical history of the applicant, the answer should be in the affirmative — It is but manifest that the dietary requirements of the applicant are such that they cannot b
India Law Library Docid # 2415792