(141) SH. SHOBHIT SHARMA Vs. SMT. SHWETA DOGRA[DELHI HIGH COURT] 26-11-2024 Criminal Procedure Code, 1973 (CrPC) — Section 125 — Maintenance — The Family Court assessed petitioner’s monthly income at Rs. 50,000 and awarded interim maintenance of Rs. 16,000 per month to respondent — The main issues are the accuracy of the income assessment and the adequacy of the interim maintenance awarded — Petitioner argues that the income assessment is based on guesswork and that respondent has her own income — Respondent seeks an increase in the interim maintenance, claiming petitio India Law Library Docid # 2420314
(142) ABHISHEK DEEP Vs. STATE NCT OF DELHI[DELHI HIGH COURT] 26-11-2024 Criminal Procedure Code, 1973 (CrPC) — Section 408 — Penal Code, 1860 (IPC) — Sections 364A and 506 — Kidnapping and ransom demand — The trial is at the stage of cross-examination — The petitioner challenges the disallowance of certain questions during cross-examination and seeks the transfer of the case to another court, alleging bias and denial of a fair trial — The petitioner argues that the disallowed questions were crucial for a fair trial and that the trial court's actions indicate bias — India Law Library Docid # 2420315
(143) MS. X Vs. STATE AND ANOTHER[DELHI HIGH COURT] 26-11-2024 Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 — Section 18 — Penal Code, 1860 (IPC) — Section 376 — The petitioner alleged that Respondent No. 2 exploited her for four years under the false pretext of marriage and threatened her with dire consequences if she pursued legal action — Whether the pre-arrest bail granted to Respondent No. 2 should be canceled, considering the allegations under the SC/ST Act and the nature of the relationship between the parties — The petiti India Law Library Docid # 2420316
(144) M/S PROGRESSIVE CONSTRUCTION LTD. Vs. HIMADRI SHANKAR ROY AND ANOTHER[DELHI HIGH COURT] 26-11-2024 Limitation Act, 1963 — Sections 5 and 14 — Condonation of Delay — The appellant sought condonation of a 4486-day delay in filing an appeal against a money recovery decree dated 18.09.2012 — The delay was attributed to the professional misconduct of their previous counsel and internal management changes — Whether the delay in filing the appeal should be condoned under Sections 5 and 14 of the Limitation Act — The appellant argued that the delay was due to their counsel's misconduct and that they India Law Library Docid # 2420317
(145) MOHD ARSHAD AND OTHERS Vs. UNION OF INDIA[DELHI HIGH COURT] 26-11-2024 Delhi High Courts Act, 1996 — Section 10 — Delhi Rent Control Act, 1958 — Sections 14(1)(e) read with 25B — The appellants were tenants of a property since 1953 — The landlord filed an eviction petition in 2016, leading to a series of legal proceedings — The main issue was whether the area falls under the Delhi Rent Control Act (DRC Act) and if the eviction order was valid — The appellants argued that the area is not urbanized and thus not covered by the DRC Act — They also raised jurisdictional India Law Library Docid # 2420318
(146) R. MANIKANDAN Vs. STATE AND OTHERS[MADRAS HIGH COURT (MADURAI BENCH)] 26-11-2024 Penal Code, 1860 (IPC) — Sections 294 (b), 353, 506 (1) and 379 — The petitioner is accused of illegally extracting and stocking river sand — The prosecution claims he obstructed officials from performing their duties and used abusive language — The petitioner argues that the case is a false prosecution due to his activism against illegal encroachments — He highlights discrepancies in the FIRs and complaints — Petitioner claims the case is fabricated to target him for his whistleblowing activiti India Law Library Docid # 2420384
(147) JUBILIAN TIRU Vs. STATE OF JHARKHAND AND OTHERS[JHARKHAND HIGH COURT] 26-11-2024 Penal Code, 1860 (IPC) — Sections 323 and 420 — A breach of contract alone does not constitute cheating under Section 420 IPC — Deception must be present at the inception of the contract, and the absence of essential ingredients for cheating and hurt under Sections 420 and 323 IPC. India Law Library Docid # 2420404
(148) PAPPU KUMAR SAHANI Vs. NARCOTICS CONTROL BUREAU AND ANOTHER[GAUHATI HIGH COURT] 26-11-2024 Narcotic Drugs and Psychotropic Substances Act, 1985 — Sections 8(c), 36A, 20(b)(ii)(C) and 29 — The petitioner was arrested for trafficking 426.910 kg of ganja — He was not initially shown as arrested in the final complaint but was later shown arrested through a production warrant — The main issue is whether the petitioner is entitled to default bail given the circumstances of his arrest and the subsequent legal proceedings — The petitioner argues that his detention is illegal as he was not inf India Law Library Docid # 2420444
(149) SHOWKAT AHMJAD BHAT AND OTHERS Vs. UNION TERRITORY OF JK AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT (SRINAGAR BENCH)] 26-11-2024 Jammu and Kashmir Land Revenue Act, 1996 — 133(2)(c) — The petitioners challenged a notice issued by the Tehsildar, claiming it was arbitrary and violated natural justice principles — They sought a writ for the exchange of encroached land with their proprietary land — Whether the notice issued was valid and if the petitioners could exchange their land under the amended Land Revenue Act — Petitioner argues that the notice was not a show cause notice as required by law — They argued for the exchan India Law Library Docid # 2420494
(150) RAJINDER KUMAR AND OTHERS Vs. DR. PIYUSH SINGLA, COMMISSIONER/SECRETARY, REVENUE DEPARTMENT AND ANOTHER[JAMMU AND KASHMIR AND LADAKH HIGH COURT (JAMMU BENCH)] 26-11-2024 Service Law — Appointment — The petitioners filed a writ petition seeking appointment as Naib Tehsildars, which was allowed by the court in 2018 — The respondents were directed to issue appointment orders and grant service benefits, excluding monetary benefits for the period before their appointment — The main issue is the placement of the petitioners in the seniority list, specifically whether they should be placed immediately below the 29 selected candidates — The petitioners argue that they s India Law Library Docid # 2420503
(151) ZAFAR IQBAL CHOUDHARY Vs. UT OF JAMMU AND KASHMIR AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT (JAMMU BENCH)] 26-11-2024 Jammu and Kashmir Public Safety Act, 1978 — Section 8(1)(a)(i) — Detention — The petitioner challenged the detention order, claiming it was illegal, arbitrary, and violated principles of natural justice — The petitioner argued that the detention order was based on a single FIR and was a misuse of the Act — He also claimed that procedural safeguards were not followed — The respondents contended that the detention was necessary to prevent the petitioner from disturbing public order and that all pr India Law Library Docid # 2420504
(152) THE UNION OF INDIA Vs. GOVERNMENT OF KARNATAKA[KARNATAKA HIGH COURT] 26-11-2024 National Green Tribunal Act, 2010 — Section 22 — The Union of India and its defense establishments challenged orders from the National Green Tribunal (NGT) imposing environmental compensation for pollution in Bengaluru's Ulsoor Lake — Whether the NGT's orders were valid given that the petitioners were not parties to the original proceedings and were not given a chance to present their case — The petitioners argued that the NGT's orders were passed without hearing them, violating principles of na India Law Library Docid # 2420556
(153) SMT. KABITA CHAKRABORTY Vs. SMT. NIRUPAM CHAKRABORTY, SRI DIPAK CHAKRABORTY, SINCE DECEASED, HIS LEGAL HEIRS SMT. DEVI CHAKRABORTY @ CHAKRAVORTY AND OTHERS[CALCUTTA HIGH COURT] 26-11-2024 Civil Procedure Code, 1908 (CPC) — Order 7 Rule 11 — The appellant filed a title suit claiming a declaration that the suit property was initially owned jointly by co-sharers and later held in the name of her mother-in-law for the benefit of all children — The defendants contested the claim, arguing it was barred by limitation — The primary issue was whether the appellant's claim for a declaration regarding the property's ownership and her share was time-barred under the Limitation Act, 1963 — Th India Law Library Docid # 2420589
(154) CHINIBAS KARMAKAR Vs. STATE OF WEST BENGAL AND ANOTHER[CALCUTTA HIGH COURT] 26-11-2024 Penal Code, 1860 (IPC) — Section 376(2)(i) — Protection of Children from Sexual Offences Act, 2012 — Sections 4 and 12 — Rape of 10-year-old girl — Defense argued innocence, false implication due to prior enmity, and questioned the reliability of the victim's testimony and medical evidence — Prosecution relied on the victim's consistent testimony, corroborating evidence from friends and family, and medical reports indicating hymenal congestion — Defense contended the victim was tutored and the m India Law Library Docid # 2420590
(155) MR. BISHWAMBHAR MUKHERJEE AND ANOTHER Vs. MRS. SARBAMANGALA MUKHERJEE AND ANOTHER[CALCUTTA HIGH COURT] 26-11-2024 Penal Code, 1860 (IPC) — Sections 494 and 109 — Petitioners, a married couple, were charged under Sections 494/109 IPC for the husband's second marriage while still married to the complainant — The defense argued estoppel and limitation issues —Validity of the second marriage, applicability of Sections 494 and 109 IPC, and limitations — Petitioners claimed the complainant was aware of the marriage; the state argued the second marriage was void and the petitioners aided the offense — Section 494 India Law Library Docid # 2420591
(156) SANTANU BANERJEE Vs. ENFORCEMENT DIRECTORATE[CALCUTTA HIGH COURT] 26-11-2024 Prevention of Corruption Act, 1988 —Sections 7, 7A and 8 — Penal Code, 1860 (IPC) — Sections 120B, 420, 467, 468, 471 and 34 — Petitioner was arrested by the Enforcement Directorate (E.D.) in a money laundering case linked to illegal appointments in TET-2014, despite not being an accused in the original CBI case — He has been in custody for over 20 months — The primary issues were whether accused should be granted bail considering his prolonged detention, the lack of direct evidence linking him India Law Library Docid # 2420592
(157) P. SRINIVASA RAO Vs. J. SYAMALA RAO I.A.S. AND OTHERS[ANDHRA PRADESH HIGH COURT] 26-11-2024 This contempt case is filed against the respondents for willful disobedience of the orders dated 26.12.2022 passed by this Court in W.P.No.12965 of 2021. Heard the learned counsel for the petitioner and the learned counsel for the respondents. Learned counsel for the petitioner submits that after hearing the case of the petitioner, this Court was pleased to pass an order dated 26.12.2022 in W.P. No. 12965 of 2021, which is extracted hereunder: India Law Library Docid # 2420895
(158) KANUMULA BOYI NAIDU Vs. STATE OF AP[ANDHRA PRADESH HIGH COURT] 26-11-2024 Sole accused in Sessions Case No.95 of 2011 on the file of the Court of the Sessions Judge, Mahila Court, Visakhapatnam, is the appellant in the present Criminal Appeal. He was tried and convicted by the learned Sessions Judge for the offence punishable under Section 302 IPC and was sentenced to suffer imprisonment for LIFE and also to pay fine of Rs.10,000/-(Rupees Ten Thousand only), in default to suffer Simple Imprisonment for a period of one year. India Law Library Docid # 2420896
(159) ALLAM PUNYAVATHI AND OTHERS Vs. ORUGANTI VENKATA SUBRAHMANYA SARMA AND OTHERS[ANDHRA PRADESH HIGH COURT] 26-11-2024 This revision petition, under Section 115 CPC, is filed aggrieved by the order, dated 27.12.2023, allowing E.P.No.54 of 2023 in O.S.No.136 of 2009 on the file of the Court of the Principal Junior Civil Judge, Tenali, requesting the Court to direct the judgment debtors to vacate the EP schedule property to the decree Holders. India Law Library Docid # 2420897
(160) PETA MOHAMMAD AND OTHERS Vs. STATE OF ANDHRA PRADESH AND OTHERS[ANDHRA PRADESH HIGH COURT] 26-11-2024 The grievance of the petitioners in short is that respondent No.2 passed impugned order vide Rc.D5/3477/2018 dated 30.07.2019 confirming the order dated 03.06.2018 in R.C.E.79/2018 passed by respondent No.3, placing their lands in Sy.No.606, 607 and 608 situated at Gonegandla Village and Mandal, Kurnool District, in dispute register, illegally and in violation of the provisions of A.P. Rights in Lands and Pattadar Pass Books Act, 1971 and Rules, 1989, made thereunder, as illegal arbitrary. India Law Library Docid # 2420898