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(61) STATE OF GUJARAT Vs. SENMA ASHOKKUMAR DHARMABHAI AND ANOTHER[GUJARAT HIGH COURT] 06-06-2024
Penal Code, 1860 (IPC) — Sections 363, 366, 376, 323, 324, and 114 —Appeal against Acquittal — The appeal was dismissed for the surviving accused ‘R’, and the judgment and order of acquittal by the learned Addl. Sessions Judge were approved — The court did not find any other view than the plausible view taken by the learned Sessions Judge and did not see any reason to take a different view or any patent illegality or perversity — The court referred to judgments that emphasize the presumption of
India Law Library Docid # 2415521

(62) STATE OF GUJARAT Vs. PAPPU SUNDARLAL TANK (DHOBI) AND OTHERS[GUJARAT HIGH COURT] 06-06-2024
Penal Code, 1860 (IPC) — Sections 395, 397, 120(B) and 216(A) —Arms Act, 1959 — The case involves an appeal by the State against the acquittal of respondents in a robbery case where the complainant, a bus driver, was allegedly threatened and robbed by the accused —The appeal challenges the trial court's acquittal, questioning the identification of the accused and the adequacy of the evidence presented —The State argued that the trial court erred in not considering that the case was proven beyond
India Law Library Docid # 2415522

(63) A.A.SALIM AND OTHERS Vs. LABOUR COURT KOLLAM VIDYA NAGAR, KOLLAM[KERALA HIGH COURT] 06-06-2024
Industrial Disputes Act, 1947 — Sections 10 and 33A — Jurisdiction — Labour Court has the jurisdiction to examine the validity of an inquiry and pass a preliminary award in a complaint filed under Section 33-A of the Act, 1947 — The court held that Section 33-A provides for adjudication of a complaint in accordance with the provisions of the Act, as if it were a dispute referred to under Section 10 of the Act — Therefore, the Labour Court has to deal not only with the question of contravention b
India Law Library Docid # 2415524

(64) SUNIL VITTHAL WAGH Vs. STATE OF MAHARASHTRA[BOMBAY HIGH COURT] 05-06-2024
Penal Code, 1860 (IPC) — Sections 120B, 302, 303, 201, 143, 147, 148 and 149 —Arms Act, 1959 — Section 3 read with Section 25 —Maharashtra Police Act, 1951 — Section 135 —Maharashtra Control of Organized Crime Act, 1999 — Sections 3(1)(i) (ii), 3(2) and 3(4) — The applicant, arraigned for various offenses including murder, seeks bail due to a delay in the investigation and chargesheet filing —The main issue is whether the applicant is entitled to default bail because of the delay in filing the s
India Law Library Docid # 2415583

(65) ABHISHEK YADAV @ LALOO Vs. STATE OF U.P.[ALLAHABAD HIGH COURT] 04-06-2024
Penal Code, 1860 (IPC) - Sections 147, 323, 336, 308, 504 and 506 - Anticipatory bail - Assault - Applicant filed an anticipatory bail application in a case involving assault charges - He was not named in the FIR but appeared during the investigation - Co-accused persons were granted bail - The court considered his case similar to the co-accused and relied on Supreme Court judgments to grant him bail with conditions to ensure he does not interfere with the investigation or trial.
India Law Library Docid # 2415422

(66) M/S. BINNY LIMITED, CONTAINER FREIGHT STATION Vs. M/S. BHARAT FRITZ WERNER LTD., REPRESENTED BY ITS SECRETARY AND OTHERS[MADRAS HIGH COURT] 03-06-2024
A. Contract Act, 1872 - Sections 151 and 152 - Damages of goods - Duty of Bailee - The plaintiff, M/s Bharat Fritz Werner Ltd., entrusted imported goods to M/s Binny Limited, a Container Freight Station, for storage until customs duty was paid - However, the goods were damaged due to heavy rains and flooding in Chennai in October 2005 - The plaintiff sued the 1st defendant for damages and the 2nd defendant as the insurer, arguing that the 1st defendant failed in its duty as a bailee to take reas
India Law Library Docid # 2415407

(67) KASIMAYAN AND OTHERS Vs. D.TAMILRAJA[MADRAS HIGH COURT (MADURAI BENCH)] 03-06-2024
Motor Vehicle Act, 1988 - Sections 140 and 173 - Enhancement of compensation - A mildly mentally retarded person was hit by a water supply tractor while walking on the road. The claimants, the deceased's parents, sought Rs. 20 lakhs in compensation - The Tribunal awarded only Rs. 50,000, blaming the deceased for the accident - The claimants appealed, arguing that the driver was negligent and the deceased's mental condition was irrelevant - The court sided with the claimants, setting aside the Tr
India Law Library Docid # 2415408

(68) G. VALARMATHI Vs. THE MUNICIPAL COMMISSIONER AYYANAR KOVIL STREET AND OTHERS[MADRAS HIGH COURT] 03-06-2024
Civil Procedure Code, 1908 (CPC) - Order 26 Rule 9 - Appointment of Advocate Commissioner - The court has invoked Order 26 Rule 9 of the Code of Civil Procedure to appoint an Advocate Commissioner to investigate local matters, such as the measurement of a property - The Commissioner's role is not to collect evidence, which is done by the Court, but to elucidate matters that are local in nature, which can only be done by local investigation at the spot - In this case, a dispute arose regarding th
India Law Library Docid # 2415409

(69) E.KAVITHA Vs. THE STATE OF TAMIL NADU, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT AND OTHERS[MADRAS HIGH COURT] 03-06-2024
Service Law - Appointment - An MBC candidate with a B.A. (Functional Tamil) from Tamil Nadu Open University, a B.Ed., and an M.A. (Tamil) from the University of Madras, was selected for the post of PG Assistant (Tamil) but rejected due to her degree not being considered equivalent to B.A. (Tamil) as per G.O.Ms.No.56 - She filed Writ Petitions arguing that her degree is equivalent and that G.O.Ms.No.56 is illegal - The court allowed her petitions, declared B.A. (Functional Tamil) equivalent to B.
India Law Library Docid # 2415410

(70) B.KARTHI Vs. THE SECRETARY TO GOVERNMENT, HOME (POLICE III) DEPARTMENT AND OTHERS[MADRAS HIGH COURT] 03-06-2024
Service Law - Appointment to the post of Grade II Police Constable - Fixation of separate cut off marks for the persons studied in Tamil medium in all stages of selection to the post of Grade II Police Constable - Petitioner, who completed 10th standard in Tamil medium and B.E. in Civil Engineering, applied for the post of Grade II Police Constable in 2017 - The Tamil Nadu Uniformed Services Recruitment Board (TNUSRB) required candidates claiming reservation under PSTM (Persons Studied in Tamil
India Law Library Docid # 2415411

(71) BINTU SAINI AND OTHERS Vs. STATE OF U.P. AND ANOTHER[ALLAHABAD HIGH COURT] 03-06-2024
Criminal Procedure Code, 1973 (CrPC) - Section 482 - Penal Code, 1860 (IPC) - Sections 406, 417, 342 and 506 - Quashing of criminal proceedings - Compromise - Applicants filed an application under Section 482 Cr.P.C. to quash criminal proceedings against them - They had reached a compromise with the victim, which was verified by the trial court - The court accepted the compromise and quashed the criminal case, finding that the charges were not serious and the chances of conviction were bleak - T
India Law Library Docid # 2415417

(72) X- JUVENILE Vs. STATE OF U.P. AND ANOTHER[ALLAHABAD HIGH COURT] 03-06-2024
Penal Code, 1860 (IPC) - Sections 147, 148, 149, 364, 302 and 34 - Juvenile Justice (Care and Protection of Children) Act, 2015 - Section 12(1) - Bail - Juvenile - Applicant, a minor, was accused of various offenses under the Indian Penal Code and was ordered by the Juvenile Justice Board to be placed in a child observation home. applicant filed a criminal revision seeking bail, arguing that he was a juvenile with no criminal history and had been in confinement for an unduly long period - The co
India Law Library Docid # 2415418

(73) MATEEN Vs. STATE OF U.P. THRU. PRIN. SECY. HOME U.P. LKO.[ALLAHABAD HIGH COURT (LUCKNOW BENCH)] 03-06-2024
Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS) - Sections 8, 21, 50 and 52-A - Bail application - Applicant filed a bail application in a case registered under Sections 8/21 of the NDPS Act, alleging he was falsely implicated and that Section 52-A of the Act was not followed - The court allowed the bail application, finding no evidence to suggest guilt or a likelihood of reoffending - Applicant was released on bail with conditions, including not tampering with evidence or witnesses
India Law Library Docid # 2415419

(74) SAHIN @ SAEEN Vs. STATE OF U.P.[ALLAHABAD HIGH COURT] 03-06-2024
Penal Code, 1860 (IPC) - Sections 498-A, 323, 354Kha, 504, 506 and 376 - Dowry Prohibition Act, 1961 - Section 3 and 4 - Bail - Applicant is the brother-in-law of the victim, is accused of entering the victim's room, misbehaving, and tearing her clothes after a dowry demand - The applicant's counsel argues that the allegations are vague and there is no rape allegation - The applicant has no criminal history except for the current case and has been in jail since 13.04.2024 - The court grants bail
India Law Library Docid # 2415420

(75) BAIJNATH PRASAD SAH KANOO AND OTHERS Vs. UNION OF INDIA THRU. INTELLIGENCE OFFICER DIRECTORATE REVENUE INTELLIGENCE LKO. AND OTHERS[ALLAHABAD HIGH COURT (LUCKNOW BENCH)] 03-06-2024
Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS) - Sections 8(c), 20(b)(ii)(c), 25, 42, 50 and 52A - Possession of 53.200 kilograms of 'charas' - Conviction and sentence - Appeal against - Three appellants were convicted for possession of 53.200 kilograms of 'charas' (cannabis resin) under the NDPS Act - They argued that the mandatory provisions of Sections 42, 50, and 52A of the N.D.P.S. Act were not followed during their arrest and recovery, rendering the evidence invalid - They als
India Law Library Docid # 2415421

(76) AMJAD ASLAM SHAIKH AND OTHERS Vs. UNION OF INDIA AND ANOTHER[BOMBAY HIGH COURT] 03-06-2024
Narcotic Drugs and Psychotropic Substances Act, 1985 — Sections — 20(b), 22(c), 27, 27A, 28 and 29 — The applicants are accused of possessing and selling narcotics in Mumbai —The main issues revolve around the legality of the search and seizure, the actual possession of the narcotics, and the delay in judicial proceedings —The defense argues that the accused were not in exclusive possession of the narcotics, the mixing of substances seized violates the sampling protocol, and highlights the prolo
India Law Library Docid # 2415581

(77) YSR CONGRESS PARTY AND OTHERS Vs. ELECTION COMMISSION OF INDIA REPRESENTED BY ITS CHIEF ELECTION COMMISSIONER AND OTHERS[ANDHRA PRADESH HIGH COURT (AMARAVATI BENCH)] 01-06-2024
Representation of the People Act, 1951 - Sections 80 and 100 - Counting of postal ballot of "voters on election duty" - Petitioners filed a writ petition challenging the Election Commission of India's proceedings on counting postal ballots of "voters on election duty." - They argued that the proceedings were illegal, arbitrary, and violated constitutional provisions and election rules - The respondents claimed the proceedings were not in violation of statutory provisions and that the petitioner
India Law Library Docid # 2415402

(78) MAHANAGAR TELEPHONE NIGAM LTD Vs. M/S MAFATLAL INDUSTRIES LTD[DELHI HIGH COURT] 31-05-2024
Arbitration and Conciliation Act, 1996 — Sections 9 and 17 — The case involves disputes under a purchase order issued by Mahanagar Telephone Nigam Limited (MTNL) to Mafatlal Industries Ltd. for the supply of winter suiting material — The contract was terminated by MTNL, leading to arbitration — The main issues are whether MTNL breached the contract by not accepting the balance quantity of cloth and whether Mafatlal was required to mitigate its losses — MTNL challenges the arbitral award, arguing
India Law Library Docid # 2415377

(79) JINDAL INDUSTRIES PRIVATE LIMITED Vs. JINDAL SANITARYWARE PRIVATE LIMITED AND ANOTHER[DELHI HIGH COURT] 31-05-2024
Trade Marks Act, 1999 — Sections 29(1) and 35 — The dispute involves the use of the trademark 'JINDAL' for PVC pipes by both the plaintiff and defendant, with conflicting claims regarding prior usage — The primary issue is determining the prior user of the 'JINDAL' mark for PVC pipes under class 17 — The plaintiff asserts prior use and registration of the 'JINDAL' mark for PVC pipes since 2006 and challenges the defendant's recent use of the same mark — The defendant claims to have been using t
India Law Library Docid # 2415378

(80) MAHANT SHRI NAGA BABA BHOLA GIRI THROUGH HIS SUCCESSOR AVINASH GIRI Vs. DISTRICT MAGISTRATE DISTRICT CENTRAL AND OTHERS[DELHI HIGH COURT] 31-05-2024
Delhi Land Revenue Act, 1954 — Section 28 — The petitioner, Mahant Shri Naga Baba Bhola Giri's successor sought the demarcation of land at Ghat No. 33, Triveni Ghat, Nigambodh Ghat, Jamuna Bazar, Delhi, claiming possession since 1996 and recorded in Khasra Girdawari in 1991 — The main issue was the threat of demolition by the GNCTD's Flood Control and Irrigation Department, leading the petitioner to request demarcation to safeguard the property — The petitioner argued for the demarcation of the
India Law Library Docid # 2415379