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THE BHARATIYA SAKSHYA ADHINIYAM, 2023
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Latest Cases

(41) AMIT KUMAR SARAWGI AND ANOTHER Vs. THE STATE OF JHARKHAND[JHARKHAND HIGH COURT] 22-07-2024
Penal Code, 1860 (IPC) — Sections 147, 149, 353, 389, 120(B), 420, 417, 467, 468 and 471 — The High Court dismissed a criminal petition filed by petitioners who sought to quash orders issued by the S.D.J.M., Giridih, — The petitioners were accused of fraud and forgery related to a loan from the State Bank of India and evading arrest during the investigation process — The court found that the orders issued by the S.D.J.M., Giridih, were in accordance with the Code of Criminal Procedure and that t
India Law Library Docid # 2416231

(42) THE STATE OF TRIPURA Vs. JALIL MIAH AND OTHERS[TRIPURA HIGH COURT] 22-07-2024
Narcotic Drugs and Psychotropic Substances Act, 1985 — Sections 21(C), 25, 29 and 37 — Bail — The court held that filing of a charge-sheet alone is not a ground to grant bail under Section 37 of the NDPS Act, and the materials available on record did not suggest that there were reasonable grounds to believe that the accused were not guilty of the alleged offences — The court set aside the order granting bail and directed the accused to surrender.
India Law Library Docid # 2416246

(43) SOW. SHARDA SHARAD SAHANE Vs. SHARAD UTTAMRAO SAHANE[BOMBAY HIGH COURT (AURANGABAD BENCH)] 20-07-2024
Hindu Marriage Act, 1955 — Section 15 — The High Court dismissed the second appeal filed by the appellant/wife against the judgment and order of the District Judge — The appellant had challenged the decree of divorce passed by the trial court, which dissolved her marriage with the respondent/husband — The High Court found that the delay condonation application filed by the appellant/wife was infructuous for all practical purposes since the respondent/husband had remarried after getting the decre
India Law Library Docid # 2416209

(44) SAMRIDDHI YOGESH SAVALE Vs. STATE OF MAHARASHTRA AND OTHERS[BOMBAY HIGH COURT (AURANGABAD BENCH)] 20-07-2024
Maharashtra Scheduled Castes, Scheduled Tribes, De-Notified Tribes (Vimukta Jatis), Nomadic Tribes, other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2000 — Section 7(2) — The Petitioner challenging the decision of the STCSC to refuse to validate her Tokre Koli Scheduled Tribe (ST) certificate and cancel it — The petitioner claimed that her ancestors were consistently described as "Koli Dhor" or "Tokre Koli" in pre-constituti
India Law Library Docid # 2416210

(45) HARSHIT NAMDEV Vs. STATE OF MADHYA PRADESH AND ANOTHER[MADHYA PRADESH HIGH COURT] 20-07-2024
Penal Code, 1860 (IPC) — Sections 306 and 498-A — Quashing of the FIR and the proceedings — The applicant was accused of abetment of suicide and cruelty under Sections 306 and 498-A of the IPC — The court held that there were prima facie allegations against the applicant warranting his prosecution — The court found that the deceased was harassed by her in-laws, including the applicant, and that the applicant was related to the husband of the deceased by virtue of marriage — The court also held t
India Law Library Docid # 2416211

(46) MOHD. HANEEF Vs. MAHENDA KUMAR AND OTHERS[MADHYA PRADESH HIGH COURT] 20-07-2024
M.P. Panchayat Election Petitions and Corrupt Practices Rules, 1995 — M.P. Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993 — Section 36(1)(e) — Disqualification — The High Court quashed an order by the Election Tribunal that had set aside the election of the petitioner as Sarpanch of Gram Panchayat — The petitioner had been disqualified under Section 36(1)(e) of the Adhiniyam, which states that an employee dismissed for corruption or disloyalty is disqualified for being an office bearer of Pancha
India Law Library Docid # 2416212

(47) MANNU KUMAR Vs. STATE OF BIHAR AND OTHERS[PATNA HIGH COURT] 20-07-2024
Bihar Drugs Controller Cadre Regulation, 2014 — Clause 5(1) — Drugs and Cosmetics Rules, 1945 — Rule 49 — Eligibility criteria for the post of Drug Inspector — The petitioner, who held a Pharm D (Doctorate of Pharmacy) degree, argued that the requirement of a degree in Pharmacy or Pharmaceutical Sciences or Medicine with specialization in Clinical Pharmacology or Microbiology from a University established in India by law was too restrictive and that holding a higher qualification should pre-supp
India Law Library Docid # 2416213

(48) AMIT KUMAR AJAD AND OTHERS Vs. STATE OF BIHAR AND OTHERS[PATNA HIGH COURT] 20-07-2024
Service Law — Selection Process — High Court has quashed the selection process for the post of Special Survey Assistant Settlement Officer in Bihar due to arbitrary changes in the rules during the selection process — The court found that the decision to award 20 marks/points to all candidates for work experience, regardless of their actual experience, was unjust and violated the principles of natural justice — The court directed the selection committee to reconsider the final select list, recast
India Law Library Docid # 2416214

(49) STATE OF MAHARASHTRA AND OTHERS Vs. MR. BABAN YESHWANT GHUGE[BOMBAY HIGH COURT] 19-07-2024
Maharashtra Civil Services (Pension) Rules, 1982 — Rule 130(1)(c) — Entitlement of a state government employee to receive gratuity upon the conclusion of judicial proceedings, specifically in light of Rule 130(1)(c) of the Rules, 1982 — The court found that the expression "judicial proceedings" in the rule includes both the initial trial and any subsequent appeals, and that gratuity is not payable until all judicial proceedings, including appeals, are concluded and final orders are passed — The
India Law Library Docid # 2416173

(50) AKHIL BHARATIYA SAMAJWADI ADHYAPAK SABHA AND OTHERS Vs. STATE OF MAHARASHTRA AND OTHERS[BOMBAY HIGH COURT] 19-07-2024
Right of Children to Free and Compulsory Education Rules, 2011 — Rule 4(5) — Maharashtra Right of Children to Free and Compulsory Education (Manner of admission of Minimum 25% children in Class-I or Pre-School at the entry level for the children belonging to disadvantaged groups and weaker section) Rules 2013 — The High Court has declared the Maharashtra (Amendment) Rules 2024, ultra vires the RTE Act, 2009, and Article 21-A of the Constitution — The amendment rules added a proviso to Rule 4(5)
India Law Library Docid # 2416174

(51) M/S BPL LIMITED Vs. M/S MORGAN SECURITIES & CREDITS PVT. LTD.[DELHI HIGH COURT] 19-07-2024
Arbitration and Conciliation Act, 1996 — Section 34 — Commercial Courts Act, 2015 — Section 13 — Negotiable Instruments Act, 1881 — Section 64 — Arbitral award — Appellant appealed against an arbitral award that required it to pay respondent under all Bills of Exchange, except one — The dispute arose from the appellant's failure to repay Rs. 25,79,91,096 due on Bills of Exchange — The High Court upheld the arbitral award, rejected the appellant's grounds of appeal, and dismissed the appeal — The
India Law Library Docid # 2416165

(52) SH. RAKESH KUMAR SHARMA Vs. DELHI DEVELOPMENT AUTHORITY[DELHI HIGH COURT] 19-07-2024
Cancellation of Allotment — The petitioner challenged the DDA for canceling the allotment of a flat despite full payment being made later — The original allottee had deposited the amount after the stipulated time — Whether the cancellation of the flat allotment was valid despite the delayed payment and if the petitioner has any right to the flat — The petitioner argued that the payment was made, and the DDA did not cancel the allotment until after the payment — They also cited previous court ord
India Law Library Docid # 2416166

(53) SHRI NEERAJ BHATIA Vs. SHRI RAVINDRA KUMAR BHATIA AND OTHERS[DELHI HIGH COURT] 19-07-2024
Civil Procedure Code, 1908 (CPC) — Order 7 Rule 11 — Rejection of plaint — The court held that if a plaint does not disclose any cause of action, it can be rejected under Order 7 Rule 11 CPC — The court rejected the Appellant's suit for partition as it was based on false averments and did not disclose any cause of action.

B. Civil Procedure Code, 1908 (CPC) — Order 39 Rule 1 — Injunction against Appellant — The court granted an injunction in favor of the Respondents, directing the Appellant t
India Law Library Docid # 2416167

(54) HEMANI MALHOTRA Vs. HIGH COURT OF DELHI AND OTHERS[DELHI HIGH COURT] 19-07-2024
Delhi Higher Judicial Service — Appointment and seniority of judicial officers — The High Court dismissed a petition filed by a judicial officer, who sought to challenge her seniority in the Delhi Higher Judicial Service (DHJS) — The court held that the seniority of 17 officers who were appointed on an ad hoc basis against ex-cadre posts meant for Fast Track Courts in DHJS, and who joined in January 2006, stood finalised as per the seniority list dated 18.11.2009 and the modified seniority list
India Law Library Docid # 2416168

(55) GAURAV DHAWAN Vs. TRANSASIA PRIVATE CAPITAL LIMITED[DELHI HIGH COURT] 19-07-2024
Civil Procedure Code, 1908 (CPC) — Sections 13 and 44A — Enforcement of a foreign judgment — The High Court has dismissed an appeal against an order enforcing a foreign judgment from the UK — The appellant had challenged the jurisdiction of the UK court, arguing that the dispute had no connection with the UK and that the judgment was an ex parte one — However, the court found that appellant had provided a registered address in the UK and was duly served at that address in accordance with Section
India Law Library Docid # 2416169

(56) SHYAM LAL BANSAL Vs. NIRMAL BANSAL AND OTHERS[DELHI HIGH COURT] 19-07-2024
Partition Suit — Joint Proprty — Grant of Preliminary Decree — The property was jointly acquired by appellant and his brother ‘K’ (deceased) — ‘K’ bequeathed his share (40%) in the property to his daughter-in-law ‘N’ and grandson ‘G’ (respondents) through a Will — DDA allowed mutation of the property in favor of the respondents — The respondents filed a suit seeking partition and permanent injunction, which the lower court granted — The appellant challenged the reliance on the Will (since it was
India Law Library Docid # 2416170

(57) J DUNCAN HEALTHCARE PVT LTD. Vs. CENTRAL MEDICAL SERVICES SOCIETY[DELHI HIGH COURT] 19-07-2024
Blacklisting of Healthcare Company — The High Court dismissed a petition filed by petitoner against the respondent regarding its blacklisting for two years — The court found that the petitioner had submitted forged performance bank guarantees (PBGs) and had breached its contractual obligations by failing to deliver goods on time — The court rejected the petitioner's arguments that it was unaware of the forgery and that the blacklisting was arbitrary — The court noted that the petitioner had not
India Law Library Docid # 2416171

(58) SATHISH BABU SANA Vs. DIRECTORATE OF ENFORCEMENT AND ANOTHER[DELHI HIGH COURT] 19-07-2024
Prevention of Money Laundering Act, 2002 — Section 50(2) — Constitutional validity of Section 50(2) and their summoning as accused in a money laundering case — The court held that the PMLA proceedings and the scheduled offences are separate and distinct, and the two cannot be considered as joint trials — The court also noted that the petitioners had changed their statements during the investigation, and their attempts to project illicit payments as genuine investment/business deals without any c
India Law Library Docid # 2416172

(59) BITLA JAYAPRAKASH Vs. AMRUTHAM PUSHPA[TELANGANA HIGH COURT] 19-07-2024
Suit for specific performance of a contract — Defendant filed a revision petition challenging the trial court's dismissal of an application to send a suspected fake Agreement of Sale for expert verification — The court dismissed the application for being filed late, but the defendant argued timely submission after evidence conclusion and the need to prove their case — The plaintiff argued the application was a cover-up for a ten-year-old written statement — Upon review, the court found no prejud
India Law Library Docid # 2416282

(60) N. NEERAJA Vs. M.D. A.P.S.R.T.C. HYD AND OTHERS[TELANGANA HIGH COURT] 19-07-2024
Industrial Disputes Act, 1947 — Section 11A — Adjudication of disputes through conciliation or arbitration — Petitioner, a conductor with the respondent corporation, was accused of committing cash and ticket irregularities during her duty — She was placed under put-off duty, given an explanation opportunity, and an enquiry was conducted by the Assistant Manager (Enquiries) — The petitioner contended that she was deprived of the opportunity to prove her case as the enquiry officer did not provide
India Law Library Docid # 2416283