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THE BHARATIYA SAKSHYA ADHINIYAM, 2023
THE BHARATIYA NYAYA SANHITA, 2023
THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023
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(61) PAWAN JAIN Vs. STATE OF HARYANA[PUNJAB AND HARYANA HIGH COURT] 19-07-2024
Bharatiya Nagarik Suraksha Sanhita 2023 — Section 528 — Drugs and Cosmetics Act 1940 — Section 18(c) and 18-A — The High Court quashed the orders dated 30.05.2024 and 03.07.2024 passed by the Chief Judicial Magistrate, Gurugram, which initiated fresh proclamation proceedings against the petitioner and directed him to appear before the court on 07.09.2024 — The court observed that the petitioner was never served with the notices or bailable warrants issued earlier, and there was no evidence to s
India Law Library Docid # 2416230

(62) BIMLA SACHDEV Vs. SUBUR AND ANOTHER[DELHI HIGH COURT] 18-07-2024
Contempt of Courts Act, 1971 — Section 11 — Definition of Matters Sub Judice — Officials of the Delhi Development Authority (DDA) are guilty of contempt of court for deliberately disobeying the court's directions — The court directed the DDA to execute a conveyance deed in favor of the petitioner for a property in Delhi and to bear the entire cost of the conveyance deed, including stamp papers and registration charges — The court also issued notice to the Vice Chairman of the DDA and Deputy Dire
India Law Library Docid # 2416138

(63) DISH TV INDIA LTD Vs. GULF DTH FZ LLC AND OTHERS[DELHI HIGH COURT] 18-07-2024
Civil Procedure Code, 1908 (CPC) — Order 47 Rule 1 and Section 114 — Delhi High Court Act, 1966 — Section 10(1) — High Court ruled that an order closing the right to file a written statement in a commercial dispute case is an appealable order under Section 10(1) of the Delhi High Court Act, 1966 — The court held that the order affects a valuable right of the defendant to defend the suit and therefore qualifies as a 'judgment' under the Supreme Court's decision in Shah Babulal Khimji v. Jayaben D
India Law Library Docid # 2416139

(64) NARESH KUMAR GUPTA Vs. UNION OF INDIA AND OTHERS[DELHI HIGH COURT] 18-07-2024
Service Law — Regular Promotion — Earlier writ petition dismissed — The writ petition was sought to quash an order of the CAT and a seniority list, and to grant the petitioner regular promotion as an Executive Engineer (EE) against a vacancy year of 2001-2002 — The petitioner argued that the previous judgment failed to consider that unfilled vacancies in the post of EE from the quota of Assistant Executive Engineers (AEEs) were diverted to Assistant Engineers (AEs) in accordance with a 1996 rule
India Law Library Docid # 2416140

(65) M/S TODAY REALTY PRIVATE LIMITED AND ANOTHER Vs. GUNVEEN SINGH[DELHI HIGH COURT] 18-07-2024
Civil Procedure Code, 1908 (CPC) — Order 37 Rule 3(4) — The High Court has dismissed the defendant's application for leave to defend in a suit for recovery of Rs. 5.74 crores and Rs. 1.01 crores — The court found that the defendant's defence was sham, frivolous, and moonshine — The court also held that the plaintiff was entitled to claim interest under Order XXXVII CPC, even if it was not mentioned in the contract — The court decreed the suit in favor of the plaintiffs, ordering the defendant to
India Law Library Docid # 2416141

(66) JAMIA MILLIA ISLAMIA Vs. SHAKEEL AHMAD[DELHI HIGH COURT] 18-07-2024
Jamia Millia Islamia University Act, 1988 — Section 2(n) — Reinstatement — Retirement Benefits — The High Court dismissed an appeal by Jamia Millia Islamia University against a judgment that reinstated a Research Assistant to his position and granted him retirement benefits at the age of 65 years — The court held that respondent who had been performing teaching duties for 32 years, fell under the definition of "Teacher" under Section 2(n) of the Act, 1988, and was therefore entitled to the retir
India Law Library Docid # 2416142

(67) DHANUSH VIR SINGH Vs. DR, ILA SHARMA AND OTHERS[ALLAHABAD HIGH COURT] 18-07-2024
Provincial Small Causes Courts Act, 1887 — Sections 17 and 25 — Civil Procedure Code, 1908 (CPC) — Section 51 read with Order 21 Rule 41 and Order 21 Rule 37 — Powers of Court to enforce execution — In a case where a money decree was issued against a company, the decree holder attempted to execute the decree by arresting and detaining the revisionist, who, although not a judgment debtor, held a significant position within the company — The court ruled that the CPC does not permit the arrest and
India Law Library Docid # 2416143

(68) SHRI SUNIL KUMAR SETHI Vs. THE STATE OF MANIPUR REPRESENTED BY THE PRINCIPAL SECRETARY (HOME) AND OTHERS[MANIPUR HIGH COURT] 18-07-2024
Criminal Procedure Code, 1973 (CrPC) — Sections 156 and 157 — Penal Code, 1860 (IPC) — Sections 34, 406, 420 and 506 — Criminal Breach of trust — Legality and correctness of an FIR challenged — The petitioner argued that the allegations made by the respondent were false and not supported by any documents — The petitioner further stated that the respondent had filed the FIR with an intent to extort money and use it as a pressure tactic to part with the share portion of the property and building b
India Law Library Docid # 2416144

(69) THE CENTRAL BUREAU OF INVESTIGATION (CBI) Vs. YAMBEM NINGTHEM SINGH[MANIPUR HIGH COURT] 18-07-2024
Penal Code, 1860 (IPC) — Sections 420, 409, 406, 403, 120-B and 34 — Prevention of Corruption Act, 1988 — Section 13(2) and 13(1)(c) — The High Court has set aside an order allowing accused in a corruption case involving the Manipur Development Society (MDS), to travel to Abu Dhabi for medical treatment — The court observed that the medical documents submitted by accused failed to establish a medical necessity for him to travel abroad for treatment — The court also noted that accused had previou
India Law Library Docid # 2416145

(70) SHRI PAUMINTHANG ALIAS PMT NEIHSIAL AND OTHERS Vs. THE STATE OF MANIPUR REPRESENTED BY THE PRINCIPAL SECRETARY (HOME) AND OTHERS[MANIPUR HIGH COURT] 18-07-2024
Penal Code, 1860 (IPC) — Sections 506, 447, 153A, 427 and 147 — Compromise — The High Court has quashed an FIR registered against 16 individuals — The court found that the dispute had been amicably resolved through a compromise agreement between the complainant and the accused persons, and that the possibility of conviction was remote — The court cited several precedents, including the cases of B.S. Joshi v. State of Haryana, Nikhil Merchant v. Central Bureau of Investigation, and Parbatbhai Aah
India Law Library Docid # 2416146

(71) SHRI KSHETRIMAYUM TEJKESHWARE SINGH Vs. THE MANIPUR UNIVERSITY REPRESENTED BY THE REGISTRAR, MANIPUR UNIVERSITY AND OTHERS[MANIPUR HIGH COURT] 18-07-2024
Service Law — Appointment — The petitioner challenged the Manipur University's decision to declare him ineligible for the post of Director, Educational Multimedia Research Centre (EMMRC), on the grounds that he had not completed ten years of regular service — The petitioner had previously served as a Production Assistant in the Audio Visual Research Centre (AVRC) in Manipur University and as an Upper Division Assistant (UDA) in the Gauhati High Court, Imphal Bench — The Court found that the peti
India Law Library Docid # 2416147

(72) SMT. MEMA PAUL AND ANOTHER Vs. INCOME TAX OFFICER AND ANOTHER[MANIPUR HIGH COURT] 18-07-2024
Income Tax Act, 1961 — Section 153(1)(2) — Re-assessment of an individual's income tax return — The High Court ruled that the reassessment of an individual's income tax return must be completed within the prescribed period of limitation under Section 153(2) — The assessment order was passed on December 28, 2006, but was only communicated to the taxpayer on January 5, 2007, which was beyond the nine-month period prescribed under section 153(2) — Therefore, the court held that the reassessment pro
India Law Library Docid # 2416148

(73) BECHARBHAI VALABHAI VANIYA AND OTHERS Vs. THE STATE OF GUJARAT[GUJARAT HIGH COURT] 18-07-2024
Penal Code, 1860 (IPC) — Sections 147, 148, 149, 323, 324, 186, 332 and 333 — Bombay Police Act, 1951 — Section 135 — Conviction and Sentence — Appellants argued that the prosecution had failed to prove their guilt beyond a reasonable doubt — The court found that the prosecution had failed to prove the charge as there was no written complaint by the concerned public servant as required by Section 195(1)(a) of the CrPC — The court also found that the charge under Section 135 of the Act, 1951 was
India Law Library Docid # 2416149

(74) D.K. ENTERPRISERS Vs. JYOTI SANJAY AGRAWAL[ORISSA HIGH COURT] 18-07-2024
Civil Procedure Code, 1908 (CPC) — Section 47 — Challenging an ex parte decree — The petitioner had challenged an order passed by the Civil Judge (Senior Division), Bhubaneswar, which dismissed an application under Section 47 of the CPC challenging an ex parte decree — The court held that the plea of fraud could not be decided in an application under Section 47 of the CPC and that the petitioner had not challenged the judgment and decree despite having knowledge of it — The court also dismissed
India Law Library Docid # 2416150

(75) M/S ASIA TRADELINKS Vs. M/S DIVYANSHU ELECTRONICS[HIMACHAL PRADESH HIGH COURT] 18-07-2024
Negotiable Instruments Act, 1881 — Sections 138 and 139 — The High Court overturned the acquittal of the accused — The accused had issued a cheque to the complainant, which was dishonoured due to insufficient funds — The complainant filed a complaint under Section 138 of the NI Act, alleging that the cheque was issued in discharge of a legally enforceable debt or liability — The accused claimed that the cheque was issued as security and not for the discharge of any debt or liability — The High C
India Law Library Docid # 2416151

(76) THE STATE OF HIMACHAL PRADESH Vs. M/S ADANI POWER LIMITED[HIMACHAL PRADESH HIGH COURT] 18-07-2024
Contract Act, 1872 — Sections 65 and 70 — Refund of an upfront premium — The court found that Adani Power's claim for refund of an upfront premium paid to the State of Himachal Pradesh was not sustainable — The court considered the provisions of Sections 65 and 70 of the Contract Act and determined that Adani Power was not entitled to a refund as they were in pari delicto (equally at fault) with the original bidder, Brakel Corporation NV — The court also noted that a note recorded on a file is m
India Law Library Docid # 2416152

(77) SARLA DEVI Vs. STATE OF HIMACHAL PRADESH[HIMACHAL PRADESH HIGH COURT] 18-07-2024
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — Section 3(1)(x) — Penal Code, 1860 (IPC) — Sections 452 and 323 — The High Court upheld the conviction of the accused — The accused was found guilty of intentionally insulting and intimidating a person belonging to a Scheduled Caste in any place within public view — The court rejected the argument that the incident did not take place in a public place, as it occurred during a Panchayat meeting where members of the publi
India Law Library Docid # 2416153

(78) A (NAME AND ADDRESS WITHHELD) AND ANOTHER Vs. STATE OF H.P.[HIMACHAL PRADESH HIGH COURT] 18-07-2024
Juvenile Justice (Care and Protection of Children) Act, 2015 — Section 14(3) — Time period prescribed for completion of the preliminary assessment under Section 14(3) of the Act is not mandatory but directory — The Chief Judicial Magistrate or Chief Metropolitan Magistrate can extend the period of inquiry for limited reasons to be recorded in writing — The court approved the views expressed by the High Court of Madhya Pradesh, the High Court of Delhi, and the High Court of Punjab and Haryana reg
India Law Library Docid # 2416154

(79) PADAM SINGH Vs. POONAM THAKUR @ KAKU[HIMACHAL PRADESH HIGH COURT] 18-07-2024
Criminal Procedure Code, 1973 (CrPC) — Section 125 — Maintenance — Determination of maintenance Amount — Petitioner/wife appeal for enhancement the maintenance amount to 12,000/- per month — The court held that the petitioner/wife is entitled to maintain the same status as she had in her matrimonial home even after separation — The court also dismissed the petition filed by the respondent/husband — The observations made by the court shall remain confined to the disposal of the main petitions and
India Law Library Docid # 2416155

(80) SMT. VIMLABAI Vs. SHEETAL AND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 18-07-2024
Penal Code, 1860 (IPC) — Sections 294, 147, 149, 452, 323, 427 and 506 — Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 — Sections 3(1)(r), 3(1)(dha), 3(1)(dh) and Section 3(2)(va) — Reversal of an acquittal — The trial court had acquitted the respondents — The appellant sought to take on record a CD as evidence under Section 65(B) of Evidence Act, but the court rejected the application due to lack of proper authentication and delay in filing — The court also noted that
India Law Library Docid # 2416157