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(41) PRAGNABEN @ PRAGYABEN RAJESHBHAI RAMANANDI @ BHAVANANDI Vs. STATE OF GUJARAT[GUJARAT HIGH COURT] 04-10-2024
Penal Code, 1860 (IPC) — Sections 306, 323 and 114 — The applicant sought anticipatory bail in connection with an FIR registered for offenses —Whether the applicant should be granted anticipatory bail considering the nature and gravity of the alleged offenses — The applicant's counsel argued that the allegations were trivial and that the applicant was apprehending arrest — They requested anticipatory bail based on these grounds — The Additional Public Prosecutor opposed the bail, citing the seve
India Law Library Docid # 2418683

(42) BHARAT PETROLEUM CORPORATION LIMITED. Vs. MANIBHAI MANGALBHAI BARIA AND OTHERS[GUJARAT HIGH COURT] 04-10-2024
Land Acquisition Act, 1894 — Sections 4, 6 and 18 — Bharat Petroleum land in Hariyala village for an LPG plant — The Land Acquisition Officer initially awarded compensation at Rs.7/- per square meter, which was contested by the claimants — The main issue was whether the compensation awarded by the Land Acquisition Officer was just and reasonable — The appellant argued that the reference court erred in relying on a previous case (Special LAQ Officer & Another) and that the compensation should not
India Law Library Docid # 2418684

(43) SMT. SHASHI PANDEY Vs. THE STATE OF MADHYA PRADESH AND OTHERS[MADHYA PRADESH HIGH COURT] 03-10-2024
Land Acquisition Act, 1894 — Section 6 — The petitioner claims her land was taken without proper acquisition by the State of Madhya Pradesh and NHAI, and seeks its return or compensation —Whether the land was legally acquired and if the petitioner is entitled to compensation for illegal possession — Petitioner The land was taken without acquisition, and she seeks its return or compensation for illegal possession and harassment —The State and NHAI argue that the land was not required for the proj
India Law Library Docid # 2418315

(44) MS. MONIKA Vs. STATE NCT OF DELHI AND OTHERS[DELHI HIGH COURT] 03-10-2024
Criminal Law — Externment orders — The petitioner faced externment orders due to her involvement in multiple FIRs under the Delhi Excise Act from 2018 to 2023 — Whether the externment orders were justified given the petitioner's alleged habitual criminal activities and the procedural fairness of the proceedings — Petitoner argued that the FIRs were falsely planted, she was not given a fair chance to defend herself, and the externment orders were based on outdated FIRs — The State argued that pet
India Law Library Docid # 2418337

(45) SHANKAR AND OTHERS Vs. STATE OF NCT OF DELHI AND OTHERS[DELHI HIGH COURT] 03-10-2024
Penal Code, 1860 (IPC) — Sections 302, 307, 120B and 34 — Arms Act, 1959 — Sections 25, 27, 54 and 59 — Three bail applications were filed by petitioners in connection with a 2019 shooting incident resulting in one death and two injuries —Whether the accused should be granted bail considering the severity of the charges and the evidence presented — Petitioner’s counsel argued for bail due to lack of substantial progress in the trial and parity with co-accused who was granted bail —The prosecutio
India Law Library Docid # 2418338

(46) STATE OF H.P. Vs. RAMESH CHAND AND ANOTHER[HIMACHAL PRADESH HIGH COURT] 03-10-2024
Penal Code, 1860 (IPC) — Sections 406,420,411 and 120-B — The case involves the alleged misappropriation of government cement bags — The police recovered cement bags from various locations linked to the accused — Whether the accused misappropriated the cement bags and whether the prosecution proved the charges beyond a reasonable doubt — The prosecution argued that the accused misappropriated the cement bags and sold them, failing to provide a satisfactory explanation for the missing bags — The
India Law Library Docid # 2418344

(47) RAJ KUMAR Vs. SANJIV KUMAR[HIMACHAL PRADESH HIGH COURT] 03-10-2024
Negotiable Instruments Act, 1881 — Section 138 — Dishonour of Cheque — Repeated presentation of the cheque — The complainant, a cloth merchant, filed a complaint against the accused for issuing a cheque of Rs. 1,20,000/- that was dishonored due to insufficient funds — Whether the repeated presentation of the cheque and issuance of multiple notices are permissible under the Negotiable Instruments Act — The complainant argued that there is no bar on repeated presentation of the cheque and issuanc
India Law Library Docid # 2418342

(48) VIKRAM SINGH AND ANOTHER Vs. RIDHI SIDHI TRADERS AND ANOTHER[HIMACHAL PRADESH HIGH COURT] 03-10-2024
Negotiable Instruments Act, 1881 — Section 138 — Dishonour of Cheque — The complainant filed a complaint against the accused for issuing a cheque that was dishonored due to insufficient funds — The cheque was issued as partial discharge of a liability —Whether the cheque was issued in discharge of a legal liability and whether the complaint was validly filed —Petitioner argues that the complaint was not maintainable as the cheque was issued to the complainant's father and not in discharge of a l
India Law Library Docid # 2418343

(49) M/S AGARWAL ASSOCIATES (PROMOTERS) LIMITED Vs. M/S SHARDA DEVELOPERS[DELHI HIGH COURT] 03-10-2024
Buyers and Seller agreement for plots in Ghaziabad — The seller failed to deliver possession of the plots, leading to arbitration — The main issue is whether the Sole Arbitrator's order allowing interrogatories and document production was beyond the scope of the arbitration agreement — The seller argued that the Arbitrator's order granted relief beyond the agreement's scope and that the interrogatories and document requests were irrelevant — The buyer contended that the seller failed to deliver
India Law Library Docid # 2418365

(50) TAPAS HALDAR Vs. STATE (G.N.C.T. OF DELHI)[DELHI HIGH COURT] 03-10-2024
Penal Code, 1860 (IPC) — Sections 302 and 201 — Muder — The appeal challenges the conviction and sentencing, questioning the evidence and the chain of circumstantial evidence — The appellant argued that the evidence was circumstantial, the motive was not established, and there were inconsistencies in witness testimonies — The state argued that the chain of circumstantial evidence was complete and consistent with the appellant's guilt, and the appellant failed to provide a plausible explanation —
India Law Library Docid # 2418366

(51) M/S JAINSONS LIGHTS (PVT) LTD Vs. ASHRAF[DELHI HIGH COURT] 03-10-2024
Suit for Recovery — The appellant filed a suit for recovery of Rs. 3,08,343/- against the respondent for unpaid bills — The main issues were whether the Delhi court had territorial jurisdiction, whether the suit was filed by a competent person, and whether the appellant was entitled to the claimed amount — The appellant argued that the respondent owed the amount for goods delivered and that the Delhi court had jurisdiction since the transactions and payments were made in Delhi — The respondent d
India Law Library Docid # 2418367

(52) M/S. TDI INFRASTRUCTURE LTD. Vs. BABITA CHOPRA[DELHI HIGH COURT] 03-10-2024
Limitation Act, 1963 — Section 5 — Condonation of Delay — The respondent filed a complaint before the State Consumer Disputes Redressal Commission, which ruled in her favor — The petitioner delayed filing an appeal to the National Consumer Disputes Redressal Commission (NCDRC) by 644 days — Whether the delay in lodging the appeal before the NCDRC should be condoned — Petitioner argues that the delay was due to an employee leaving the company and the large number of cases the company was handling
India Law Library Docid # 2418368

(53) BALJEET SINGH Vs. THE GANGSAR JAITU PRIMARY COOP AGRI DEVELOPMENT BANK LTD.[PUNJAB AND HARYANA HIGH COURT] 03-10-2024
Negotiable Instruments Act, 1881 — Sections 138 and 147 — Settelement — The main issue was whether the petitioner should be convicted under Section 138 for issuing a dishonored cheque —The petitioner sought to settle the disputed amount and requested interim suspension of the sentence to explore settlement possibilities —The respondent bank agreed to the settlement proposal and had no objection to compounding the offence — The court referred to previous judgments and Section 147 of the Negotiabl
India Law Library Docid # 2418388

(54) NEK SINGH Vs. STATE OF PUNJAB[PUNJAB AND HARYANA HIGH COURT] 03-10-2024
Penal Code, 1860 (IPC) — Sections 419, 420, 465, 467, 468, 471 and 120-B — The petitioner seeks anticipatory bail in connection with an FIR involving charges of forgery, impersonation, and conspiracy related to land acquisition and compensation — Whether the petitioner should be granted anticipatory bail given the allegations of impersonation and forgery —The petitioner argues that the prosecution's story is concocted, custodial interrogation is unnecessary, and no direct benefit or incriminatin
India Law Library Docid # 2418389

(55) NITIN KHODABHAI BHALANI (KOLI) Vs. STATE OF GUJARAT[GUJARAT HIGH COURT] 03-10-2024
Penal Code, 1860 (IPC) — Sections 307, 397, 294(b), 120B and 34 — Gujarat Police Act, 1951 — Section 135 —Bail —The main issue is whether the applicant should be granted bail considering the nature of the offense and his role in it — The petitioner argued that he was not present at the crime scene, has been in custody for a long time, and the trial will take a considerable time to conclude — He also noted that co-accused with similar roles have been granted bail — The respondent opposed the bail
India Law Library Docid # 2418566

(56) AHMEDABAD MUNICIPAL CORPORATION Vs. TRIVEDI PANKAJ KUMAR BHIKHALAL[GUJARAT HIGH COURT] 03-10-2024
Service Law — Appointment — The respondent was appointed as a part-time Physical Education Teacher by the Ahmedabad Municipal Corporation in 2007 on a contractual basis — He sought regular pay scale and permanent employment — Whether the respondent's appointment was a back-door entry and if he is entitled to regularization and a regular pay scale —The Corporation argued that there was no regular post for a Physical Education Teacher and the respondent was appointed on a part-time, contractual ba
India Law Library Docid # 2418681

(57) KHURSHID AHMED @ PUDIBABA AHMEDNUR SAILANI Vs. STATE OF GUJARAT[GUJARAT HIGH COURT] 03-10-2024
Narcotic Drugs and Psychotropic Substances Act, 1985 — Sections 8(c), 21(c), 22(b) and 29 — Bail — The main issue is whether the applicant should be granted bail after the chargesheet has been filed and the investigation completed — The applicant's counsel argued that the applicant's role is lesser than that of a co-accused who has already been granted bail — They also highlighted the lack of recovery from the applicant and his prolonged incarceration —The State opposed the bail, citing the app
India Law Library Docid # 2418686

(58) RANJEET SINGH AND ANOTHER Vs. STATE OF H.P.[HIMACHAL PRADESH HIGH COURT] 01-10-2024
Penal Code, 1860 (IPC) — Sections 376 and 506 — Rape — Rape of a 14-year-old girl — The incidents occurred in 2011, and the victim was found to be pregnant — The main issues were the credibility of the victim's testimony, the validity of the evidence, and the determination of the victim's age — The appellants argued that the evidence was not properly appreciated, the victim's age was not proven, and the victim was tutored to name the accused — The prosecution maintained that the victim's testimo
India Law Library Docid # 2418345

(59) MRS. KUSUM TANEJA Vs. SHRI MANIK TANEJA AND OTHERS[DELHI HIGH COURT] 01-10-2024
Suit for Partition — The plaintiff filed a suit for partition of a property and for rendition of accounts against her son, the defendant no.1, for rent received from the property — The main issues were whether there was an oral partition of the property, the ownership shares of the parties, and the entitlement to rendition of accounts — The plaintiff claimed an oral partition of the property and sought her share and accounts of rent received by the defendant no.1 — The defendant no.1 contested t
India Law Library Docid # 2418369

(60) VAIBHAV JAIN Vs. STATE NCT OF DELHI[DELHI HIGH COURT] 01-10-2024
Criminal Procedure Code, 1973 (CrPC) — Section 311 — Recalling of Witness — Penal Code, 1860 (IPC) — Sections 363, 376 and 328 —Protection of Children from Sexual Offences Act, 2012 — Section 6 — The petitioner was accused of kidnapping and sexually assaulting a 15-year-old girl — The petitioner challenged the order dismissing his application to recall certain witnesses under Section 311 of the CrPC — The petitioner argued that the previous counsel did not adequately cross-examine the witnesses,
India Law Library Docid # 2418370