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(941) ASHOK KUMAR Vs. DAULAT RAM[HIMACHAL PRADESH HIGH COURT] 19-11-2024
Negotiable Instruments Act, 1881 — Sections 118, 138 and 139 — Dishonour of Cheque — The complainant lent Rs. 2,50,000 to the accused, who issued a cheque that was dishonored due to insufficient funds — Despite a legal notice, no payment was made, leading to a complaint under Section 138 — Whether the cheque was issued for the discharge of a legally enforceable debt and whether the trial court erred in acquitting the accused — Petitioner argues that the trial court wrongly dismissed the complai
India Law Library Docid # 2420069

(942) SHAHIN NOBLE PILLI Vs. STATE OF GUJARAT[GUJARAT HIGH COURT] 19-11-2024
Criminal Procedure Code, 1973 (CrPC) — Section 438 — Penal Code, 1860 (IPC) — Section 420 — Fraud and cheating related to cryptocurrency investments — The applicant filed an application under Sections 438 against an order dismissing his discharge application in a case involving alleged fraud and cheating related to cryptocurrency investments — Whether the applicant should be discharged from the case based on the evidence and whether the order dismissing the discharge application is interlocutory
India Law Library Docid # 2420193

(943) RELIANCE GENERAL INSURANCE COMPANY LTD. Vs. AMDARAM HIRARAM (DELETED) AND OTHERS[GUJARAT HIGH COURT] 19-11-2024
Motor Accident Claims — The case involves a motor accident where the deceased, driving Truck, collided with a stationary truck without parking signals, resulting in his death — The main issues were the negligence attributed to the deceased and the calculation of compensation — Insurance Company argued that the deceased was not negligent and that the stationary truck driver was fully responsible for the accident — The respondents supported the Tribunal's decision, arguing that the deceased was pa
India Law Library Docid # 2420194

(944) GUJARAT ROAD TRANSPORT CORPORATION Vs. HEMLATA SHITALBHAI SALAT AND OTHERS[GUJARAT HIGH COURT] 19-11-2024
Motor Accident Claims — The case involves a road accident where a motorcycle, with the deceased as a pillion rider, collided with a GSRTC bus — The accident resulted in the death of the motorcycle rider and the pillion rider — The main issue was whether the GSRTC bus driver was solely negligent or if there was contributory negligence by the motorcycle rider — GSRTC argued that the motorcycle rider was also negligent and that the compensation should be reduced accordingly — The respondents argued
India Law Library Docid # 2420196

(945) ALL INDIA MANUFACTURES ORGANIZATION Vs. LIFE INSURANCE CORPORATION OF INDIA[CALCUTTA HIGH COURT] 19-11-2024
Public Premises (Eviction of Unauthorized Occupants) Act 1971 — The petitioner challenged its eviction — The High Court, while acknowledging the petitioner's default in rent, found that the evidence for sub-letting, relied upon by respondent through unexamined documents, was insufficient — The Court criticized the lack of a preliminary inquiry and opportunity to be heard before termination of the tenancy, and concluded that the appellate court's decision was perverse — Therefore, the judgment wa
India Law Library Docid # 2420694

(946) SRI CHANDAN SAHA Vs. SRI AMALENDU DEY AND OTHERS[CALCUTTA HIGH COURT] 19-11-2024
Stamp Act, 1899 — Sections 33 and 35 — Deficiency of Stamp Duty — The plaintiff sought an injunction over car parking spaces under a modified agreement, which the defendants claimed was insufficiently stamped and should be impounded — The trial court deferred the injunction decision and later set aside the application due to procedural issues — The court ruled that an insufficiently stamped agreement can still be considered for an injunction if it reflects a genuine modification, and that sectio
India Law Library Docid # 2420695

(947) RAJASTHAN VIDYUT VITRAN NIGAM LIMITED AND OTHERS Vs. SOMI CONVEYORS BELTINGS LIMITED AND OTHERS[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 19-11-2024
Work Order — Restraint of — The main issue is whether the ex-parte interim order, which was passed without hearing the appellants, should be vacated to allow the procurement of conveyor belts essential for thermal power plants — RVVNL argued that the interim order was passed without hearing them, causing delays in essential procurement — They emphasized the urgency due to the impact on electricity production — The respondents argued that the appeal against the interim order is not maintainable a
India Law Library Docid # 2419837

(948) SHRI SURINDER SINGH YADAV Vs. ORIENTAL INSURANCE COMPANY LIMITED[DELHI HIGH COURT] 19-11-2024
Service Law — Promotion — Non-compliance of court order — The petitioner sought initiation of contempt proceedings against respondent for non-compliance with a previous court order regarding his promotion — The main issue was whether the respondent complied with the court's directions to reconsider the petitioner's promotion to Scale-III and subsequent scales — The petitioner argued that the respondent failed to grant him notional promotions to Scales IV and V, which would have allowed him to be
India Law Library Docid # 2419973

(949) SIDDHARTH KUMAR Vs. ENFORCEMENT DIRECTORATE[DELHI HIGH COURT] 19-11-2024
Prevention of Money Laundering Act, 2002 — Sections 3 and 4 — Financial irregularities and money laundering, causing a loss of Rs. 3269.42 crores to a consortium of banks — The main issue is whether petitioner should be granted bail — The petitioner argues that he has been in custody for over 26 months, denies involvement in the alleged fraud, and claims his role is less significant than that of co-accused, whose bail was denied — The Enforcement Directorate opposes the bail, highlighting petiti
India Law Library Docid # 2419974

(950) M/S INDRA SINGH AND SONS. PVT. LTD. Vs. NEW DELHI MUNICIPAL COUNCIL[DELHI HIGH COURT] 19-11-2024
NDMC (Determination of Annual Rent) Bye-laws, 2009 — Unit Area Method — The petitioner challenged a property tax demand of Rs. 2,22,12,090 by the NDMC for property — The main issue was the validity of the property tax assessment orders dated 01.02.2016 and 16.10.2019, which were based on the NDMC (Determination of Annual Rent) Bye-laws, 2009, declared ultra vires by the court — The petitioner argued that the assessment orders were invalid as they were based on the 2009 Bye-laws, which had been s
India Law Library Docid # 2419975

(951) VISHAL BORA Vs. STATE OF U.P.[ALLAHABAD HIGH COURT (LUCKNOW BENCH)] 19-11-2024
Bhartiya Nyay Sahhita, 2023 — Sections 191(2),191(3), 190,61(2),109,115(2) & 351(2) — The main issue is whether accused should be granted bail — The petitioner claims innocence, stating he is not named in the FIR and is not seen in CCTV footage — He argues for bail on the grounds of parity with co-accused, who has been granted bail — The State opposes bail, citing credible evidence against accused but acknowledges the co-accused's bail — The court considers the applicant's jail time, lack of cri
India Law Library Docid # 2420020

(952) STATE OF GUJARAT AND OTHERS Vs. ASHIKIBAHEN VIRENDRAKUMAR PATEL AND ANOTHER[GUJARAT HIGH COURT] 19-11-2024
Gujarat Teachers of Government Secondary and Higher Secondary Schools (Procedure for Selection) Rules, 2012 — Rule 11 — The respondent holds a B.Sc. in Botany, an M.Sc. in Microbiology, and a B.Ed — She cleared the Teachers’ Aptitude Test (TAT) for Higher Secondary Teacher in Biology but was not issued an appointment order — The main issue was whether the respondent's post-graduation in Microbiology, a specialized subject of Botany, qualified her for the appointment despite the appellant's claim
India Law Library Docid # 2420198

(953) LH OF LATE JASHVANTBHAI ABHESINGBHAI VASAVA AND OTHERS Vs. JESINGBHAI ABHESINGBHAI VASAVA AND OTHERS[GUJARAT HIGH COURT] 19-11-2024
Bombay Land Revenue Code — Section 73AA — The case involves a dispute over land and house properties — The plaintiffs claim ownership based on a will executed by their deceased father — The main issues include whether the will constitutes a valid transfer under the law, the applicability of Section 73AA of the Land Revenue Code, and whether the suit was filed within the limitation period — The plaintiffs argue that the will is valid and that they should be declared the owners of the property — T
India Law Library Docid # 2420200

(954) GOPINATH APARTMENT CO OPERATIVE HOUSING SOCIETY LIMITED AND ANOTHER Vs. STATE OF GUJARAT AND OTHERS[GUJARAT HIGH COURT] 19-11-2024
Gujarat Provincial Municipal Corporation Act, 1949 — Sections 264 and 268 — The Gopinath Apartment Co-operative Housing Society sought redevelopment of their dilapidated building — Despite majority consent, some members opposed the redevelopment — Whether the redevelopment process followed legal requirements and if the objections by minority members were valid — The society argued that the building was unsafe, and redevelopment was approved by over 75% of members, meeting legal requirements — Th
India Law Library Docid # 2420205

(955) ARVINDBHAI @ ANIL @ TIKU AMBABHAI GAJERA PATEL Vs. STATE OF GUJARAT AND OTHERS[GUJARAT HIGH COURT] 19-11-2024
Gujarat Prevention of Anti-social Activities Act, 1985 — Section 2(c) — “dangerous person” — Detention — The petitioner was preventively detained as a "dangerous person" under the Act — The legality and validity of the detention order were challenged, questioning whether the petitioner's actions affected public order or merely law and order — The petitioner's counsel argued that the alleged offenses did not impact public order but were related to law and order, thus not justifying preventive det
India Law Library Docid # 2420206

(956) DR. BHOOP SINGH Vs. STATE OF HARYANA AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 19-11-2024
Correction of Date of Birth — The appellant joined as a Lecturer in Government College, Bhiwani, with his date of birth recorded as 08.05.1946 — In 1999, he discovered his actual date of birth was 11.08.1948 and sought correction in official records, which was denied — Whether the appellant's request for correction of his date of birth after a long period is permissible — The trial and appellate courts did not consider the evidence properly while dismissing his suit and appeal — The appellant's
India Law Library Docid # 2420261

(957) MOHINDER SINGH MALIK Vs. STATE OF HARYANA AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 19-11-2024
Correction of Date of Birth — The appellant an employee of the Haryana State, sought correction of his date of birth from 10.11.1946 to 14.09.1949 — His application was based on discrepancies in records maintained by the Chief Medical Officer, Rohtak — Whether the appellant's date of birth should be corrected in official records despite the delay in filing the suit — The appellant argued that both the trial court and the first appellate court dismissed his suit without properly appreciating the
India Law Library Docid # 2420262

(958) DHANPAT SINGH Vs. STATE OF HARYANA AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 19-11-2024
Correction of Date of Birth — The appellant sought to correct his date of birth from 15.05.1947 to 15.08.1949, as recorded in his matriculation certificate issued by Punjab University — Whether the appellant's request to change his date of birth after 25 years of service is permissible — The appellant argued that the First Appellate Court failed to appreciate the evidence and wrongly set aside the trial court's judgment — The respondents contended that the appellant's request was rightly dismiss
India Law Library Docid # 2420263

(959) RAM AVTAR Vs. STATE OF HARYANA AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 19-11-2024
Service Law — Retirement date — Date of birth — The appellant was appointed as a teacher in 1973 — His date of birth was recorded as 06.06.1945 in his service record, but he claimed it was 06.06.1948, which would extend his retirement date — The main issue was whether the appellant's date of birth should be corrected from 06.06.1945 to 06.06.1948 in his service records — Petitioner argued that his date of birth was incorrectly recorded due to a clerical error and should be corrected to reflect 0
India Law Library Docid # 2420264

(960) KULDEEP SINGH @ KEEPA AND ANOTHER Vs. STATE OF PUNJAB[PUNJAB AND HARYANA HIGH COURT] 19-11-2024
Penal Code, 1860 (IPC) — Sections 392 and 302 — Murder — The appeal challenges the conviction and sentencing, questioning the identification of the accused and the validity of the evidence presented — The defense argued that the identification of the accused was flawed due to the lack of a valid test identification parade and that the testimonies of the witnesses were unreliable — The State maintained that the conviction and sentencing were justified based on the evidence and testimonies present
India Law Library Docid # 2420267