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Latest Cases

(41) SHAHED KAMAL AND OTHERS Vs. M/S. A. SURTI DEVELOPERS PRIVATE LIMITED AND ANOTHER[BOMBAY HIGH COURT] 10-06-2024
Penal Code, 1860 (IPC) — Sections 499, 500 read with 34 — Defamation — The court clarified that at the stage of issuance of process, the magistrate must consider whether the alleged imputation falls within any of the exceptions to Section 499 of the Indian Penal Code (IPC) — If the magistrate does not consider this aspect, it could lead to an abuse of process.
India Law Library Docid # 2415564

(42) SAMIR GULAM SHAIKH AND OTHERS Vs. STATE OF MAHARASHTRA, DEPARTMENT OF MINORITY AND OTHERS[BOMBAY HIGH COURT] 10-06-2024
Waqf Act, 1995 — Sections 83(2) and 97 — The petition challenges a judgment by the Maharashtra State Waqf Tribunal regarding a Waqf property development dispute — The main issue is the locus of the petitioner to challenge the Waqf Tribunal's judgment and the validity of a No Objection Certificate (NOC) issued for property development —The petitioner claims the NOC is forged and, as a devotee of the Waqf, has a right to challenge the Tribunal's decision —Respondents argue the petitioner lacks the
India Law Library Docid # 2415565

(43) M/S. BAJAJ CONSTRUCTIONS THROUGH ITS SOLE PROPRIETOR MR. MANISH BAJAJ Vs. THE STATE OF MAHARASHTRA AND OTHERS[BOMBAY HIGH COURT] 10-06-2024
Negotiable Instruments Act, 1881 — Section 143A — The High Court ruled that interim compensation should be awarded under Section 143A of the NI Act, 1881, and the quantum should be determined — The accused argued that a substantial portion of the cheque amount was already paid and the presentment of the cheques was illegal — The respondent argued that the accused acknowledged the debt by issuing cheques and that failure to award interim compensation would render Section 143A otiose — The Court a
India Law Library Docid # 2415566

(44) SUNIL PANDURANG MANTRI Vs. THE STATE OF MAHARASHTRA AND OTHERS[BOMBAY HIGH COURT] 10-06-2024
Criminal Procedure Code, 1973 (CrPC) — Section 319 — Penal Code, 1860 (IPC) — Sections 406 and 420 — The petitioner, accused of cheating by the first informant over the sale of two Mumbai flats, is questioned about the legality of summoning him as an accused under Section 319 of the CrPC — The petitioner argues that there was no dishonest intention in the transaction and that failure to complete the sale does not constitute cheating — The respondents argue that there is prima facie material indi
India Law Library Docid # 2415567

(45) NAVJIVAN COMMERCIAL PREMISES CO-OPERATIVE SOCIETY AND OTHERS Vs. NAVJIVAN CO-OPERATIVE HOUSING SOCIETY AND OTHERS[BOMBAY HIGH COURT] 10-06-2024
Maharashtra Co-operative Societies Act, 1960 — Sections 18 and 152 — The case revolves around the bifurcation of Navjivan Co-operative Housing Society into separate societies for residential and commercial buildings — The main issue is whether the bifurcation is justified under Section 18 of the Act, 1960 — The petitioner argues that the Divisional Joint Registrar's order was justified, considering all relevant aspects — The respondent argues that the bifurcation is not practical and would creat
India Law Library Docid # 2415575

(46) VIRAL ENTERPRISES Vs. THE STATE OF MAHARASHTRA AND ANOTHER[BOMBAY HIGH COURT] 10-06-2024
Negotiable Instruments Act, 1881 — Sections 138 and 145 — Respondent No. 2 filed complaints under section 138 of the Act, 1881, alleging dishonor of cheques issued by the petitioners —Whether an accused in a section 138 NI Act offense can give evidence via affidavit as per section 145 of the Act, 1881 —Petitioners argued for the right to adduce evidence on affidavit, citing the Supreme Court's decision in Indian Bank Association vs. Union of India — Respondent No. 2 referred to the Supreme Court
India Law Library Docid # 2415579

(47) M/S. PAPER BOX COMPANY OF INDIA Vs. COSMOS CO-OPERATIVE BANK LTD. AND OTHERS[BOMBAY HIGH COURT] 10-06-2024
Transfer of Property Act, 1882 — Sections 54 and 55 — Maharashtra Co-Operative Societies Act, 1960 — Section 95(3) — The petitioner is challenging the dismissal of their appeal by the Co-operative Appellate Court, claiming ownership and interest in flats attached by Respondent-Bank to recover dues from 'K' — The main issue is whether the petitioner has a subsisting right in the attached flats, despite the bank's recovery suit and subsequent attachment order
India Law Library Docid # 2415580

(48) CAPALPHA TRADE PVT. LTD. Vs. USHIK GALA AND OTHERS[BOMBAY HIGH COURT] 10-06-2024
Penal Code, 1860 (IPC) — Sections 406, 409, 420, 465, 467, 468, 471 read with Section 34 — Appellant was allegedly defrauded of Rs.117,73,12,1289/- by various parties through false representations and documents, leading to a criminal case — The main issue is the cancellation of bail granted to Respondent No.1 on the grounds of breach of the undertaking given for his release —The petitioner argues that R.1 breached the bail undertaking by failing to comply with the terms, which included payment
India Law Library Docid # 2415584

(49) BYRAMJEE JEEJEEBHOY PVT. LTD. AND OTHERS Vs. UNION OF INDIA AND OTHERS[BOMBAY HIGH COURT] 10-06-2024
Textile Undertakings (Nationalisation) Laws (Amendment and Validation) Act, 2014 — Sick Textile Undertakings (Nationalisation) Act, 1995 — The case revolves around a dispute over property rights and lease agreements related to textile undertakings — The petitioners, Byramjee Jeejeebhoy Pvt. Ltd., and the respondents, the Union of India and National Textile Corporation, challenge the constitutional validity of the Textile Undertakings (Nationalisation) Laws (Amendment and Validation) Act, 2014,
India Law Library Docid # 2415587

(50) MOHAMMAD ISMAIL @ SAJJU GOTILAL Vs. STATE OF GUJARAT AND ANOTHER[GUJARAT HIGH COURT] 07-06-2024
Penal Code, 1860 (IPC) — Sections 406, 420, 465, 467, 468, 471, 384, and 120B — Petitioner, is challenging a police remand order related to multiple FIRs involving allegations of forgery and extortion — The main issue is the legality of the police remand granted for the petitioner, who has been accused in several FIRs arising from similar transactions — The petitioner argues that the police remand is illegal and improper, as it frustrates his right to seek bail and seems to be a result of ulter
India Law Library Docid # 2415523

(51) YOUSEF Vs. STATE OF KERALA[KERALA HIGH COURT] 07-06-2024
Penal Code, 1860 (IPC) — Sections 366 and 376(1) —Protection of Children from Sexual Offences Act, 2012 — Section 3(a) and 4 — Kidnapping, rape, and sexual assault of a minor girl — The victim, a 17-year-old girl, testified that accused enticed her to leave her home and travel to Palakkad, where he took her to a water tank and raped her. She identified Yousef as the perpetrator — The High Court upheld the conviction but reduced the sentence from life imprisonment to 10 years rigorous imprisonmen
India Law Library Docid # 2415525

(52) M/S BTV KANNADA PRIVATE LIMITED Vs. M/S EAGLESIGHT MEDIA PRIVATE LIMITED AND OTHERS[KARNATAKA HIGH COURT] 07-06-2024
Trade Marks Act, 1999 — Commercial Courts Act, 2015 — Sections 12 and 21 — Karnataka Court Fees and Suits Valuation Act, 1958 — In a suit for injunction under the Trade Marks Act, 1999, the valuation for jurisdictional purposes should be determined under Section 12 of the Commercial Courts Act, 2015, rather than Section 50 of the Karnataka Court Fees and Suits Valuation Act, 1958.
India Law Library Docid # 2415526

(53) MOHAMMAD SULTAN RESHI SHABNAM MUSHTAQ AND ZAHID AHMAD LONE AND OTHERS Vs. UT OF J&K AND OTHERS[JAMMU & KASHMIR AND LADAKH HIGH COURT AT SRINAGAR] 07-06-2024
Penal Code, 1860 (IPC) — Sections 363, 109, 376, 511, 366-A, 354-B and 506 — Protection of Children from Sexual Offences Act, 2012 — Sections 8 and 12 —Kidnapping and sexual assault —The main issues are the involvement of the accused in the alleged crimes and the validity of the charges framed against them —The petitioners argue lack of evidence for their involvement, challenge the framing of charges, and seek bail, claiming innocence and highlighting a purported love affair between the victim a
India Law Library Docid # 2415528

(54) EMERGE CLASSES PRIVATE LIMITED Vs. KASHMIR INSTITUTE OF EXCELLENCE AND OTHERS[JAMMU & KASHMIR AND LADAKH HIGH COURT AT SRINAGAR] 07-06-2024
Trade Marks Act, 1999 — Section 27 — No action for infringement of unregistered Trade mark — The case involves a dispute over the use of trademarks related to coaching services — The plaintiffs amalgamated their coaching services under the brand 'EMERGE - KIE HOPE MISSIONe' and claimed prior use and goodwill — The main issue is whether the defendant's use of a deceptively similar trademark 'EMERGE Infinity & beyond - Powered by KIE' constitutes passing off, causing confusion among consumers —The
India Law Library Docid # 2415529

(55) SHRI MATA VAISHNO DEVI UNIVERSITY Vs. PRITAM SINGH AND OTHERS[JAMMU & KASHMIR AND LADAKH HIGH COURT AT JAMMU] 07-06-2024
Land Acquisition Act, 1894 — Sections 4 and 6 — The appeal challenges the judgment dated 21.07.2008 regarding compensation for land acquired by Shri Mata Vaishno Devi University —The main issue is the enhancement of compensation for the acquired land by the reference court —The appellant argues that the reference court erred in fixing the market value based on a small piece of land and did not consider the land provided to respondents for residential purposes —The respondents contend that the ju
India Law Library Docid # 2415530

(56) ADIL AHMAD PAUL Vs. U T OF J&K AND ANOTHER[JAMMU &KASHMIR AND LADAKH HIGH COURT AT SRINAGAR] 07-06-2024
Preventive Detention — Delay in executing the detention order, non-supply of material to the detenue, non-consideration of the detenue's representation, and the vagueness of the grounds of detention —The petitioner argued that the detention order was issued without proper reasoning, the grounds were vague, and the necessary documents were not provided, hindering an effective representation against the detention —The respondents contended that the detenue's activities were prejudicial to state se
India Law Library Docid # 2415531

(57) SAJITH Vs. STATE OF KERALA AND OTHERS[KERALA HIGH COURT] 07-06-2024
Penal Code, 1860 (IPC) — Sections 143, 147, 148, 447, 341, 323, 324, 325 and 364 r/w Section 149 — The case involves nine accused charged with offences under various sections of the IPC, including forming an unlawful assembly and causing serious injuries to the complainant and his friend — The bail applications for the 5th and 8th accused are being considered, with the main issue being whether their further detention is necessary —The petitioners claim innocence, stating that the specific overt
India Law Library Docid # 2415532

(58) JERIN PAUL Vs. STATE OF KERALA AND OTHERS[KERALA HIGH COURT] 07-06-2024
Penal Code, 1860 (IPC) — Sections 354, 294(b), 509, 323, 376(2)(n), and 506 — Bail — The main issue is whether the petitioner should be granted anticipatory bail considering the allegations of sexual assault and other offences — The prosecution argues that the petitioner's arrest, custodial interrogation, and potency test are essential due to the serious nature of the allegations —The court dismissed the bail applications, finding that the prosecution's allegations are prima facie well-founded,
India Law Library Docid # 2415533

(59) SUJESH KRISHNA Vs. SUDHEESH AND OTHERS[KERALA HIGH COURT] 07-06-2024
Criminal Procedure Code, 1973 (CrPC) — Sections 188 and 482 — Penal Code, 1860 (IPC) — Sections 406, 420, 465, 468 and 471 read with section 34 — The petitioner is facing a case of cheating, where he is accused of not returning a vehicle after clearing a loan and transferring it to his name using forged documents — The main legal issue is whether the proceedings should be quashed based on the absence of an affidavit, the petitioner's alibi, and the need for sanction under section 188 Cr P.C. —
India Law Library Docid # 2415534

(60) SHAMAS UD DIN GANIE Vs. STATION HOUSE OFFICER, POLICE STATION, SAMBA[JAMMU & KASHMIR AND LADAKH HIGH COURT AT JAMMU] 07-06-2024
Narcotic Drugs and Psychotropic Substances Act, 1985 — Sections 8, 15, 25, 29 and 67 — The petitioner is charged under the NDPS Act for allegedly supplying contraband, based on the recovery of poppy straw from a truck and statements made under Section 67 — The main issue is the admissibility of statements recorded under Section 67 and the sufficiency of CDR/SDR evidence to establish conspiracy — The petitioner challenges the framing of charges, arguing that statements made under custody are inad
India Law Library Docid # 2415527