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(281) MD. ANAM UDDIN Vs. THE STATE OF ASSAM AND ANOTHER[GAUHATI HIGH COURT] 29-11-2024
Penal Code, 1860 (IPC) — Sections 302 and 304B — Murder — The appellant was arrested for the murder of his wife — The incident was reported by the deceased's maternal uncle, who found her hanging — The main issue was whether the appellant was guilty of murder under Section 302 IPC, despite the initial charge being under Section 304B IPC — The appellant argued that the evidence was circumstantial, there was animosity with key witnesses, and he was falsely implicated — The prosecution highlighted
India Law Library Docid # 2420447

(282) UPPER PART BRAHMAPUTARA FISHERY CO-OPERATIVE SOCIETY LIMITED Vs. THE STATE OF ASSAM AND OTHERS[GAUHATI HIGH COURT] 29-11-2024
Assam Fishery Rules, 1953 — Rule 12 — The case involves a dispute over the settlement of the Kamrup Pragjyotishpur Brahmaputra Fishery — The appellant's settlement was set aside by a Single Judge in favor of the writ petitioner, who was the highest bidder — The main issue is whether the writ petitioner, whose society is located 1 kilometer from the fishery, qualifies as being in the "neighborhood" under Rule 12 — The petitioner argued that their society, being the highest bidder and located with
India Law Library Docid # 2420448

(283) AMZAD ALI Vs. THE UNION OF INDIA AND OTHERS[GAUHATI HIGH COURT] 29-11-2024
Foreigners Act, 1946 — The petitioner was declared a foreigner by the Foreigner’s Tribunal, Bongaigaon, in 2016 — He failed to appear multiple times and filed a writ petition in 2024 to contest the ex parte opinion — The main issue is whether the ex parte opinion declaring the petitioner a foreigner should be set aside despite significant delays and defaults in appearance — The petitioner claimed he was unaware of the tribunal's proceedings due to holidays and closures and sought to contest the
India Law Library Docid # 2420449

(284) DIPAK URANG Vs. THE STATE OF ASSAM[GAUHATI HIGH COURT] 29-11-2024
Penal Code, 1860 (IPC) — Sections 302 and 304 Part II — Appellant convicted for murdering his wife by hacking her with a "dao" on 27.02.2019 — The incident was reported by the victim's father, and the appellant was sentenced to life imprisonment — The main issue is whether the conviction under Section 302 IPC should be upheld or altered to a lesser charge under Section 304 Part II IPC, considering the appellant's intent and circumstances — The appellant's counsel argued that the appellant did no
India Law Library Docid # 2420450

(285) STATE OF JK AND OTHERS Vs. FAISAL MUSHFEEN QURESHI[JAMMU AND KASHMIR AND LADAKH HIGH COURT (SRINAGAR BENCH)] 29-11-2024
Service Law — Termination — Unauthorized absence — The respondent, an Assistant Surgeon, applied for study leave to join a DNB course but was terminated for unauthorized absence — Whether the respondent's termination was justified given that similarly situated individuals were granted study leave — The respondent was on probation and did not meet the criteria for study leave as per the Civil Services (Leave) Rules, 1979 — The termination was arbitrary and discriminatory as others in similar situ
India Law Library Docid # 2420490

(286) GOPAL SINGH Vs. RITA DEVI AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT (JAMMU BENCH)] 29-11-2024
Jammu & Kashmir Agrarian Reforms Act, 1976 — Sections 4 and 8 — The case involves a dispute over land — The land was recorded in the ownership of ‘R’ and others, with appellant's father in cultivating possession since Kharief 1971 — The main issue is the validity of mutations attested under Sections 4 and 8 of the Jammu & Kashmir Agrarian Reforms Act, 1976, and whether the delay in challenging these mutations was justified — The appellant argued that the Additional Deputy Commissioner condoned a
India Law Library Docid # 2420501

(287) SURINDER ARORA AND OTHERS Vs. STATE OF JAMMU & KASHMIR AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT (JAMMU BENCH)] 29-11-2024
Jammu & Kashmir Wakafs Act, 2001 — Section 3, 45 and 46 — The petitioners challenged the Jammu & Kashmir Wakafs Act particularly certain clauses and sections, and sought quashment of eviction notices issued due to non-renewal of lease agreements — The main issues were the validity of the Wakafs Act, 2001, and the eviction notices issued under it — The petitioners argued that the Act was unconstitutional and that the eviction notices were unjust as they were willing to renew leases and accept rea
India Law Library Docid # 2420502

(288) H SRINIVAS RAO Vs. NIRANJAN RAO[KARNATAKA HIGH COURT] 29-11-2024
Succession Act, 1925 — Section 263 — Annulment or revocation of probate or letters of administration for a just cause — The case involves a dispute over the probate of a Will executed by ‘M’ in favor of the appellant — The respondents, who are relatives of the deceased, challenged the probate granted by the Trial Court — The main issue is whether the probate granted to the appellant should be revoked under Section 263 of the Indian Succession Act due to alleged defects in the proceedings and the
India Law Library Docid # 2420525

(289) SHRI K. RAJA Vs. V. PRABHAKAR[KARNATAKA HIGH COURT] 29-11-2024
Civil Procedure Code, 1908 (CPC) — Order 9 Rule 13, Order 5 Rule 17 and Order 5 Rule 20 — The appellant filed an appeal against an order rejecting his petition to set aside an ex-parte judgment and decree — The trial court had issued summons, which were returned unserved, leading to substituted service by paper publication — Whether the trial court erred in not complying with the mandatory requirements of Order 5 Rule 17 of the CPC before invoking Order 5 Rule 20 for substituted service — The ap
India Law Library Docid # 2420530

(290) SRI ANANDA REDDY Vs. SMT. RADHAMMA[KARNATAKA HIGH COURT] 29-11-2024
Civil Procedure Code, 1908 (CPC) — Order 39 Rule 2A — The plaintiffs filed a suit for partition and separate possession of their 2/9th share in the suit schedule properties — An interim order was issued restraining the defendants from alienating the properties — The defendant violated this order by selling the property — Whether the Trial Court erred in ordering the detention of the appellant for one month for violating the interim order — The appellant argued that there was no willful disobedie
India Law Library Docid # 2420531

(291) UNION BANK OF INDIA Vs. V. HARISH D. KAMATH[KARNATAKA HIGH COURT] 29-11-2024
Contract Act, 1872 — Section 171 — The case involves a dispute over the exercise of a general lien by Union Bank of India on fixed deposits provided as collateral for a loan taken by M/s. Shreshashayana Enterprises — The petitioners, sons of the original depositor, challenged the bank's action — Whether the bank's exercise of a general lien over the fixed deposits was just and proper, and whether the learned Single Judge's judgment required interference — The petitioners argued that the bank did
India Law Library Docid # 2420533

(292) M.V. SRINIVASA GOWDA Vs. THE STATE OF KARNATAKA[KARNATAKA HIGH COURT] 29-11-2024
Karnataka State Freedom Fighters Welfare Rules, 1969 — The petitioner a freedom fighter, was granted a political pension by the Karnataka government — A complaint was later filed alleging that he obtained the pension using fabricated documents — The main issue is whether the petitioner falsely claimed the honorarium by producing fabricated documents and whether the Lokayukta had jurisdiction to investigate the complaint — The petitioner argued that he was a genuine freedom fighter and that the c
India Law Library Docid # 2420557

(293) MADHAB KUMAR SAHA Vs. TARUN KUMAR SAHA AND ANOTHER[CALCUTTA HIGH COURT] 29-11-2024
Succession Act, 1925 — Section 63 — Evidence Act, 1872 — Section 68 — Will was contested by sons and daughter, leading to a probate application — The propounder argued that the Will was executed according to law, while the respondents claimed suspicious circumstances — Whether the Will was validly executed and free from fraud, coercion, or undue influence — The appellant's counsel argued that the evidence of the attesting witnesses satisfied Section 63 of the Indian Succession Act, and there wer
India Law Library Docid # 2420584

(294) ROMIT RAY AND ANOTHER Vs. STATE OF WEST BENGAL AND ANOTHER[CALCUTTA HIGH COURT] 29-11-2024
Penal Code, 1860 (IPC) — Sections 406, 407, 468, 471, 506 and 120B — Fraudulent activities related to a hire purchase vehicle — Whether the criminal proceedings should continue given the civil nature of the dispute and the presence of an arbitration clause in the hire purchase agreement — Counsel for the petitioners argued that the allegations did not constitute criminal offenses and that initiating criminal proceedings was an abuse of process — The court noted the lack of concrete evidence to s
India Law Library Docid # 2420585

(295) PATURU VENKATA SESHAIAH AND OTHERS Vs. PATURU KONDAIAH DIED AND OTHERS[ANDHRA PRADESH HIGH COURT] 29-11-2024
Appeal Suit No.2110 of 2002 is filed against the order and decretal order passed in I.A.No.116 of 1977 in O.S.No.89 of 1947 on the file of Senior Civil Judge’s Court, Nellore. The appellants herein are the plaintiffs in the suit in O.S.No.89 of 1947. The suit in O.S.No.89 of 1947 is filed for the relief of partition of item No.1 of plaint-A schedule property. Transfer Appeal Suit No.903 of 2008 is filed against the order and decretal order passed in I.A.No.569 of 1977 in O.S.No.157 of 1946 on th
India Law Library Docid # 2420901

(296) SHAIK APSANA BEGUM Vs. SHAIK MOHAMMED ALI[ANDHRA PRADESH HIGH COURT] 29-11-2024
The petitioner/wife filed the present petition under Section 24 of the Code of Civil Procedure, 1908, seeking to withdraw F.C.O.P.No.143 of 2023 on the file of the VI Additional District Judge-cum-Family Court, Kadapa, Y.S.R. District, and transfer the same to the Senior Civil Judge, Piler, Annamayya District.
India Law Library Docid # 2420904

(297) KATTEM NAGAMANI AND OTHERS Vs. STATE OF ANDHRA PRADESH AND OTHERS[ANDHRA PRADESH HIGH COURT] 29-11-2024
The instant petition under Section 482 of the Code of Criminal Procedure, 1973 (in short, “Cr.P.C.”) has been filed by the Petitioners/ Accused Nos.2 to 4 seeking quashment of the proceedings against them in C.C.No.52 of 2022 on the file of the Additional Junior Civil Judge Court, Bapatla for the offences punishable under Sections 498A of IPC and Section 3 and 4 of Dowry Prohibition Act.
India Law Library Docid # 2420906

(298) SRI VILAS VIGRAH DASA AND OTHERS Vs. BALLA YEDUKONDALU AND OTHERS[ANDHRA PRADESH HIGH COURT] 29-11-2024
Sri Bhogeswara Swamy Temple, Kolanukonda Village, Tadepalli Mandal, Guntur District, is the owner of Ac.6.53 cents of agricultural land in Sy.No.51-1B of Kolanukonda Village. This land, which was earlier under cultivation by the tenants, had been leased out to the 4th respondent in the writ petition, on long lease basis, for a period of 33 years by way of G.O.Ms.No.338, dated 26.11.2021, subsequently, amended by G.O.Ms.No.359, dated 15.12.2021. Initially, the tenants in the land, had moved W.P.N
India Law Library Docid # 2420907

(299) STATE AND OTHERS Vs. BALVEER AND OTHERS[RAJASTHAN HIGH COURT] 29-11-2024
It is, therefore, most humbly and respectfully prayed that this leave to appeal may kindly be granted and appeal may kindly be allowed. The impugned judgment dated 17.04.2013 may kindly be quashed and set aside and the accused respondents may kindly be convicted and sentenced as per the provision of law.”
India Law Library Docid # 2420921

(300) STATE OF MAHARASHTRA Vs. CHANDRAKANT REVANSIDHA MATHAPATI[BOMBAY HIGH COURT] 29-11-2024
Prevention of Corruption Act, 1988 — Section 7 and Section 13(1)(b) read with Section 13(2) — Whether the acquittal of the accused was justified — The prosecution argued that the Accused, a Junior Engineer with MSEB, demanded and accepted a bribe from the Complainant for providing an electricity connection — The trial court, however, found that the prosecution's case was contradictory, as the Complainant admitted in cross-examination that he had forcibly placed the money in the accused's pocket,
India Law Library Docid # 2421018