(121) OSSE SREENIVASA RAO AND OTHERS Vs. STATE OF ANDHRA PRADESH[ANDHRA PRADESH HIGH COURT] 04-12-2024 Service Law — Disciplinary proceedings — Procedural irregularity — Proposed punishment in a charge memo during disciplinary proceedings is a procedural irregularity that vitiates the entire process — It has also clarified that the determination of punishment is exclusively the domain of the disciplinary authority — Additionally, the court has demonstrated its willingness to exercise inherent powers to provide relief to parties adversely affected by voided proceedings due to such irregularities. India Law Library Docid # 2420713
(122) PRAMOD KUMAR Vs. GOVT. OF INDIA AND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 04-12-2024 Madhya Pradesh Motor Vehicles Rules, 1994 — Multiple writ petitions were filed following a tragic school bus accident in Indore, resulting in the deaths of four students and the driver — The petitions sought various safety measures and compensations —The main issues were the safety of school buses, compensation for victims, and prosecution of responsible parties —Petitioners argued for stricter safety regulations, compensation for victims, and accountability of school authorities — Respondents h India Law Library Docid # 2420818
(123) USHABAI BABASAHEB NANNAWARE AND OTHERS Vs. STATE OF MAHARASHTRA AND OTHERS[BOMBAY HIGH COURT (AURANGABAD BENCH)] 04-12-2024 Penal Code, 1860 (IPC) — Sections 420, 447, 341, 504 and 506 — Maharashtra Money Lending (Regulation) Act, 2014 — Section 39 — Cheating and Illegal Money lending — Quashing of Criminal Proceedings — The applicants are accused of offences including cheating, illegal money lending, criminal trespass and wrongful restraint — The court found that the dispute was primarily a civil matter, not criminal — The court determined that the ingredients for cheating were not met because the sale transactions India Law Library Docid # 2421033
(124) JEET HANG SUBBA Vs. STATE OF SIKKIM[SIKKIM HIGH COURT] 04-12-2024 Penal Code, 1860 (IPC) — Section 376(1) — Protection of Children from Sexual Offences Act, 2012 — Sections 3(a) and 4(1) — Bail — The main issue is whether the court should grant bail and suspend sentence, given his conviction — The court also considered arguments regarding the validity of the conviction, including a negative DNA test and questions about the victim's age and consent — Accused argued his conviction was erroneous due to a negative DNA test, the victim's age not being proven, and h India Law Library Docid # 2421035
(125) TXXXXX RXX (VICTIM’S FATHER NAME REDACTED) Vs. STATE OF SIKKIM[SIKKIM HIGH COURT] 04-12-2024 Protection of Children from Sexual Offences Act, 2012 — Sections 5(n), 6, 9(l) and 9(n) — Sexually assaulting own daughter — The trial court conviction was based on the victim's testimony and medical evidence — The appeal challenged citing doubts about the victim's age, inconsistencies in her testimony, lack of specifics in the FIR, improbability of the assault, and inconclusive medical evidence — The court found the victim's testimony unreliable, dismissed her Section 164 Cr.P.C. statement due India Law Library Docid # 2421036
(126) GORKHA RAM Vs. STATE OF RAJASTHAN AND OTHERS[RAJASTHAN HIGH COURT] 04-12-2024 Live-in-Relationship — Person in a live-in relationship with a married woman, who is also alleged to be his sister, does not have the legal standing (locus standi) to file a habeas corpus petition seeking her production — The court determined that such a relationship lacks legal sanctity and is considered void under the provisions of the Indian Contract Act — The court emphasized that while constitutional morality and individual autonomy are important, they do not extend to relationships that ar India Law Library Docid # 2421232
(127) PUNJAB STATE CO-OPERATIVE SUPPLY AND MARKETING FEDERATION LTD AND ANOTHER Vs. ASHWANI KUMAR GARG AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 04-12-2024 Punjab Civil Services Rules — Rule 2.2(b) — An employer has the right to withhold gratuity from an employee pending the outcome of departmental proceedings, especially when the employee is alleged to have caused losses to the organization — The court held that while the Payment of Gratuity Act, 1972, allows for forfeiture of gratuity under specific circumstances, such as causing damage or loss to the organization, the employer can withhold gratuity during pending proceedings to determine if such India Law Library Docid # 2421237
(128) MESSRS GOLD STAR INDUSTRIES AND OTHERS Vs. UNION OF INDIA AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 04-12-2024 Customs Act, 1962 — Section 28 — Officers of the Directorate of Revenue Intelligence (DRI) are "proper officers" competent to issue show cause notices and conduct investigations under Section 28 and that challenges to their jurisdiction on this ground are invalid — The court determined that previous judgments, including Canon India Pvt. Ltd., which held that DRI officers lacked this authority, were incorrect and have been reviewed — The court clarified that the DRI officers were appointed as cus India Law Library Docid # 2421238
(129) NISHA TANEJA Vs. HSIIDC AND ANOTHER[PUNJAB AND HARYANA HIGH COURT] 04-12-2024 E-auction — Highest bidder in an e-auction does not have a vested right to the allotment of a plot, and the auctioning authority reserves the right to reject any bid, including the highest bid, without assigning specific reasons — The court found that the terms and conditions of the e-brochure, which explicitly state that the HSIIDC (Haryana State Industrial and Infrastructure Development Corporation) has the right to accept or reject any bid, are binding on both parties — The court emphasized t India Law Library Docid # 2421239
(130) NALEEN KUMAR KATEEL Vs. THE STATE OF KARNATAKA AND OTHERS[KARNATAKA HIGH COURT] 03-12-2024 Penal Code, 1860 (IPC) — Sections 384, 120B and 34 — Extortion racket involving electoral bonds — The court considered whether the ingredients of extortion were met and whether the complainant had the locus standi to file the complaint — The petitioner argued that the complaint did not meet the necessary ingredients for the alleged offences and that the complainant was not an aggrieved person — The respondents contended that the complaint was valid and that the general public could file such com India Law Library Docid # 2420519
(131) SHRI PRASANNA KUMAR KOLEY AND OTHERS Vs. SRI BISWANATH KOLEY[CALCUTTA HIGH COURT] 03-12-2024 Partition Suit — High Court set aside a final partition decree due to procedural irregularities and legal flaws — The defendants argued lack of proper notice and examination of the Partition Commissioner, as well as incorrect property allocations — The court agreed, finding the report and decree unsustainable, and remanded the case for a fresh commission with proper notice and examination, directing completion within six months — The court clarified that the original decree's existence did not p India Law Library Docid # 2420649
(132) KRISHNA SADHUKHAN Vs. SHANKAR SADHUKHAN[CALCUTTA HIGH COURT] 03-12-2024 Sale Deed — Validity of — The appellant claims a life interest in a property sold to the defendant, asserting it has matured into full ownership — The defendant argues the sale deed validly transferred the appellant's share, voiding the life interest deed — The court finds the life interest deed grants only a right to reside, not ownership, and the appellant did not challenge the sale deed's validity — The appeal is dismissed; the appellant's life interest does not mature into full ownership, an India Law Library Docid # 2420650
(133) BABITA SIMON AND ANOTHER Vs. STATE OF WEST BENGAL AND ANOTHER[CALCUTTA HIGH COURT] 03-12-2024 Penal Code, 1860 (IPC) — Sections 448, 323, 506 and 34 — Petitioners were conducting a home study when they were falsely accused of trespass and assault by the complainant — The added party later reconciled with her in-laws but continued the complaint — Whether the criminal proceedings against the petitioners should be quashed under Section 482 CrPC for abuse of process and lack of merit — Petitioners argued they were acting under legal mandate, the complaint was withdrawn by the primary complai India Law Library Docid # 2420651
(134) STATE OF WEST BENGAL AND ANOTHER Vs. SRI KALI SADHAN BHATTACHARJEE @ BHATTACHARYYA AND OTHERS[CALCUTTA HIGH COURT] 03-12-2024 Service Law — Retiral Benefits — A retired headmaster's benefits were withheld for a 3% alleged excess increment post-school upgradation — The State sought recovery, but the High Court dismissed the appeal, citing the Supreme Court's Rafiq Masih judgment — The court found the long-term payment, based on departmental directives without fault, unjustified for recovery, especially near retirement — The State's recovery claim was denied, upholding the employee's rights. India Law Library Docid # 2420652
(135) SHIVAM Vs. STATE GOVT. OF NCT OF DELHI[DELHI HIGH COURT] 03-12-2024 Penal Code, 1860 (IPC) — Sections 363, 366, 354A and 354D — Protection of Children from Sexual Offences Act, 2012 — Sections 8 and 12 — Procedural Fairness and Right to Cross-Examination — The court emphasized that the failure to cross-examine critical witnesses, such as the victim's brother who was present at the incident but did not identify the appellant, and the non-examination of available witnesses like the victim's father and uncle, violates the principles India Law Library Docid # 2420676
(136) MAHESH CHANDER KALRA Vs. BANK OF INDIA AND OTHERS[DELHI HIGH COURT] 03-12-2024 India Officer Employees' (Discipline & Appeal) Regulations 1976 — Regulation 6(17) — Compliance with Regulations — The court upheld that the failure to strictly comply with Regulation 6(17) (requiring the inquiry officer to question the charged officer on circumstances appearing against them if they do not examine themselves) does not necessarily vitiate the inquiry — Precedent from ‘Ministry of Finance v. S.V. Ramesh’ and ‘State of West Bengal v. Sunil India Law Library Docid # 2420677
(137) SAMI SURESH Vs. THATHA VIJAYA LAKSHMI DIED AND OTHERS[ANDHRA PRADESH HIGH COURT] 03-12-2024 Evidence Act, 1872 — Section 45 — Admissibility of Expert Opinion on Handwriting and Ink Age — The court held that the mere admission by the defendant regarding his signatures, dates, and amounts on promissory notes does not automatically preclude the seeking of an expert opinion on the handwriting of other contents and the age of the ink — However, the court emphasized that the necessity for such an opinion must be justified and not merely a tactic to prolong the litigation. India Law Library Docid # 2420715
(138) G.CHENGA REDDY GUTHIVARIPALLE TIRUPATHI Vs. N SUGUNAMMA YERPEDU SRIKALAHASTI[ANDHRA PRADESH HIGH COURT] 03-12-2024 Civil Procedure Code, 1908 (CPC) — Section 100 — Negotiable Instruments Act, 1881 — Section 138 — Jurisdiction under Section 100 — Scope — The High Court's jurisdiction under Section 100 is limited to hearing substantial questions of law — Interference with findings of fact is not warranted unless it involves re-appreciation of evidence India Law Library Docid # 2420716
(139) T. SRIDHAR Vs. STATE OF A.P.[ANDHRA PRADESH HIGH COURT] 03-12-2024 Penal Code, 1860 (IPC) — Sections 323, 324 and 34 — Authority to Alter FIR Sections — The power to change the sections charged in an FIR lies with the Investigating Officer (IO) post-registration, not the Superintendent of Police (SP). India Law Library Docid # 2420717
(140) JAJJARA JAPHANYA Vs. STATE OF ANDHRA PRADESH AND OTHERS[ANDHRA PRADESH HIGH COURT] 03-12-2024 Criminal Procedure Code, 1973 (CrPC) — Sections 125, 397 and 401 — Limitation Act, 1963 — Section 5 — Calculation of Delay in Filing Petitions for Condonation — The court established that courts must meticulously verify and accurately calculate the delay in filing petitions for condonation of delay — Discrepancies between the parties' claims should not automatically lead to the dismissal of the petition if the actual delay can be reliably determined and is not excessively prolonged. India Law Library Docid # 2420714