(221) MUNICIPAL CORPORATION OF DELHI Vs. PRADEEP RANA AND OTHERS[DELHI HIGH COURT] 14-08-2024 Service Law — Appointment — Assistant Malaria Inspector on contractual basis — The respondents were employed as Assistant Malaria Inspectors on a contractual basis since 2010 — They sought regularization of their services and equal pay — Whether the respondents deserve regularization and equal pay despite not undergoing the DSSSB recruitment process — The appellant argued that the respondents did not qualify through the DSSSB process and regularization would cause financial burden and seniority India Law Library Docid # 2416741
(222) MUKTESHWER MARBLES AND OTHERS Vs. THE COMMISSIONER (LD) AND OTHERS[DELHI HIGH COURT] 14-08-2024 Master Plan Delhi, 2001 — Petitioners, marble traders, were allotted plots in Dwarka by the DDA — They seek permission to use these plots for trades other than marble due to the unviability of the marble trade — Whether the petitioners can change the use of their plots from marble trade to other permissible trades under the MPD 2001 — The petitioners argue that the marble trade is no longer viable and seek to use the plots for other trades permissible under the MPD 2001 — The DDA contends that t India Law Library Docid # 2416742
(223) JAGRITI VERMA Vs. STATE OF N.C.T. OF DELHI AND OTHERS[DELHI HIGH COURT] 14-08-2024 National Trust for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999 — Section 2(g) — Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 — Section 2(i) — The petitioner seeks to register a relinquishment deed for a property executed by her sons, including ‘A’, who is 100% mentally retarded — Whether the court should direct the Sub-Registrar to register the relinquishment deed despite ‘A's India Law Library Docid # 2416743
(224) HALA KAMEL ZABAL Vs. ARYA TRADING LTD. AND OTHERS[DELHI HIGH COURT] 14-08-2024 Arbitration and Conciliation Act, 1996 — Appointment of an Arbitrator, in an International Commercial Arbitration — The case involves cross petitions under Section 34 of the Act, 1996, challenging an arbitral award dated 14 February 2012. — The main issue is whether the appointment of an Arbitrator by the High Court in an International Commercial Arbitration invalidates the resultant arbitral award — The petitioners argue that the High Court did not have the authority to appoint the Arbitrator, India Law Library Docid # 2416744
(225) M/S J DUNCAN HEALTHCARE PVT LTD Vs. CENTRAL MEDICAL SERVICES SOCIETY[DELHI HIGH COURT] 14-08-2024 Blacklisting of Company — Forged Performace Bank Gurantees — Appellant company was blacklisted by Central Medical Services Society for submitting forged Performance Bank Guarantees (PBGs) — The appellant claimed the PBGs were issued by its JV partner — Whether the blacklisting of the appellant was justified despite the appellant’s claim of innocence regarding the forged PBGs — The appellant argued that it was unaware of the forgery and that the blacklisting was arbitrary, especially since the re India Law Library Docid # 2416745
(226) ARUN MISHRA Vs. STATE OF U.P.[ALLAHABAD HIGH COURT] 14-08-2024 Penal Code, 1860 (IPC) — Sections 376 — Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 — Section 3(2)(v) — Rape — The incident occurred on 12.9.2008, and the FIR was lodged on 23.9.2008 — The main issues were the delay in lodging the FIR, lack of corroborative evidence, and whether the offence was committed due to the victim's caste — The defence argued that the FIR was lodged after deliberation and that the allegations were false, motivated by the return of a silver be India Law Library Docid # 2416746
(227) DODRAJ AND OTHERS Vs. STATE OF U.P.[ALLAHABAD HIGH COURT] 14-08-2024 Penal Code, 1860 (IPC) — Sections 147, 149 and 302 — The case involves an appeal against a 1983 judgment convicting several individuals for murder — The sole surviving appellant claimed juvenility at the time of the offence — Whether accused was a juvenile at the time of the offence and how this affects his conviction and sentencing — Petitioner’s counsel argued that he was wrongly implicated due to enmity and that he was a juvenile at the time of the offence — The State supported the trial cour India Law Library Docid # 2416747
(228) MURARI Vs. STATE[ALLAHABAD HIGH COURT] 14-08-2024 Penal Code, 1860 (IPC) — Section 302 — Murder — Appellant was convicted for the murder in 1982 — The conviction was based on eyewitness testimony and physical evidence — The reliability of the eyewitness, the handling of physical evidence, and the presence of the investigating officer during the inquest — Petitioner argue that the eyewitness was not present, the investigation was flawed, and the evidence was not properly examined — Respondent contends that the eyewitness account was reliable, an India Law Library Docid # 2416748
(229) MUVASIYABHAI MOTINGBHAI RATHVA Vs. STATE OF GUJARAT[GUJARAT HIGH COURT] 13-08-2024 Penal Code, 1860 (IPC) — Sections 302, 304, 504 read with 114 — The appellant was convicted for the murder of his uncle due to a family dispute involving the deceased's daughter — Whether the trial court was justified in convicting the appellant under Section 302 of the IPC — The appellant argued that the conviction was based on improper appreciation of evidence and that there was no intention to kill the deceased — The prosecution maintained that the appellant's actions were intentional and sup India Law Library Docid # 2416708
(230) ABDUL FARID ABDUL RASHID SHAIKH AND ANOTHER Vs. STATE OF GUJARAT[GUJARAT HIGH COURT] 13-08-2024 Penal Code, 1860 (IPC) — Sections 147, 148, 149, 436 and 120B — The case involves a mob attack on the complainant's property leading to significant damage — The complainant and her family were targeted due to the antisocial activities of her brother-in-law — The main issue is whether the trial court was justified in convicting the appellants based on the evidence presented — The appellants argued that the presence of eyewitnesses was doubtful, the prosecution suppressed material facts, and the t India Law Library Docid # 2416709
(231) M/S STAR AGRO MARINE EXPORTS PRIVATE LIMITED Vs. STATE OF ANDHRA PRADESH AND OTHERS[ANDHRA PRADESH HIGH COURT] 13-08-2024 Water (Prevention and Control of Pollution) Act, 1974 — Section 33A — Petitioner challenged the closure order issued by the Andhra Pradesh Pollution Control Board (APPCB) — Whether the closure order violated principles of natural justice and if the writ petition is maintainable despite the availability of an alternative remedy — The petitioner argued that the closure order was issued without considering their reply and without proper reasoning — They also highlighted the perishable nature of the India Law Library Docid # 2416710
(232) JULAKANTI BRAHMA REDDY @ BRAHMA Vs. STATE OF ANDHRA PRADESH[ANDHRA PRADESH HIGH COURT] 13-08-2024 Penal Code, 1860 (IPC) — Sections 337, 364 and 34 — SC and ST (Prevention of Atrocities) Act, 1989 — Section 3(1)(r), 3(1)(s), 18, 18A and 3(2)(va) — The petitioner sought anticipatory bail in connection with an incident involving alleged caste-based atrocities and a road accident — Whether the petitioner is eligible for anticipatory bail under Section 438 of the CrPC, given the allegations under the SC and ST Act — The petitioner claimed innocence, argued that the facts do not support the penal India Law Library Docid # 2416711
(233) MAYASHANKAR Vs. STATE OF U.P. AND OTHERS[ALLAHABAD HIGH COURT] 13-08-2024 U.P. Education Services Selection Commission Rules, 2023 — The petitioner challenged the transfer of ‘N’ to the post of Principal at Bharat Sewak Samaj Inter College, Varanasi, and sought to continue as Ad-hoc Principal until a regular selection is made — The legality of transferring ‘N’ to the post of Principal despite the requisition for the post being sent to the U.P. Secondary Education Services Selection Board — The transfer order is illegal as the post has been requisitioned and should onl India Law Library Docid # 2416712
(234) SHARDINDU KUMAR SINGH Vs. STATE OF UP AND OTHERS[ALLAHABAD HIGH COURT] 13-08-2024 Service Law — Suspension — The petitioner challenged the validity of orders preventing him from taking charge as Officiating Principal and placing him under suspension — Whether the orders issued by the District Inspector of Schools were valid and whether the suspension was justified — The petitioner argued that the orders were malicious and that he had been exonerated of previous charges by the Joint Director of Education — The respondents claimed that the petitioner had committed serious misco India Law Library Docid # 2416713
(235) SUKHVINDER KOUR Vs. UNION OF INDIA[JAMMU AND KASHMIR AND LADAKH HIGH COURT] 13-08-2024 J&K Limitation Act, Samvat 1995 — Jammu and Kashmir Arbitration and Conciliation Act, 1977 — Section 34 — The case involves a dispute over a contract for fencing installations at Nagrota, referred to arbitration — The arbitrator's award was partially upheld by a Single Judge, leading to appeals by both parties — Whether the arbitrator's award was reasoned — Whether the claims were time-barred — The Union of India argued that the claims were time-barred and the award was not reasoned — The claima India Law Library Docid # 2416714
(236) MST. HAMIDA BANOO AND OTHERS Vs. UNION TERRITORY OF J&K AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT] 13-08-2024 Eviction — Protected Tenants — The petitioners are challenging an order that directs the removal of encroachments and expunging of illegal entries in the revenue record of land in Barzulla, Srinagar — Whether the petitioners, who claim to be protected tenants, can be evicted without due process of law — The petitioners argue they are protected tenants and have been in possession of the land for decades — They claim the order was passed without giving them an opportunity to be heard — The respond India Law Library Docid # 2416715
(237) JATINDER SINGH AND OTHERS Vs. UNION TERRITORY OF JAMMU & KASHMIR AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT] 13-08-2024 Central Goods and Services Tax Act, 2017 — Section 107 — Limitation Act, 1963 — Sections 5 and 29 — Petitioners, registered dealers under the J&K Goods and Services Tax Act, 2017, had their appeals rejected due to delays in submission — Whether the Appellate Authority can condone delays beyond the statutory period under Section 107 of the Act — Petitioner argued that Section 29 of the Limitation Act should apply, allowing condonation beyond the statutory period — Respondents contended that the a India Law Library Docid # 2416716
(238) UNION TERRITORY OF JAMMU AND KASHMIR AND OTHERS Vs. AFTAB HUSSAIN DAR[JAMMU AND KASHMIR AND LADAKH HIGH COURT] 13-08-2024 J&K Public Safety Act, 1973 — Criminal Procedure Code, 1973 (CrPC) — Sections 107 and 151 — Detention — The respondent was detained under the J&K Public Safety Act, 1973, for allegedly supporting banned terrorist outfits and engaging in anti-national activities — The legality of the detention order and the imposition of a compensation of Rs. 2 lacs for illegal detention — The appellants argued that the writ court acted beyond its jurisdiction by questioning the subjective satisfaction of the Det India Law Library Docid # 2416717
(239) SHOWKET AHMAD RATHER Vs. STATE OF JAMMU AND KASHMIR[JAMMU AND KASHMIR AND LADAKH HIGH COURT] 13-08-2024 Ranbir Penal Code, 1989 (1932 A.D.) — Sections 306 and 498A — Abetment of suicide — Appellant was convicted related to the death of his wife who died under mysterious circumstances in 2006 — Whether the appellant subjected the deceased to cruelty and abetted her suicide — The appellant argued that the prosecution failed to prove cruelty or abetment beyond reasonable doubt — The state argued that the appellant's demand for dowry and harassment led to the deceased's suicide — The trial court convi India Law Library Docid # 2416718
(240) PREM JAY MISHRA Vs. STATE OF JAMMU AND KASHMIR AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT] 13-08-2024 Disputes over temple properties — The petitioner claims to be the Mahant of Shree Bajrang Dev Dharam Dass Ji Mandir and seeks the right to perform puja in the temple — The main issue is the right to perform puja and manage the temple property, which is disputed by various parties — The petitioner argues that he was appointed as Mohatamim of the temple and seeks the right to perform religious rituals — The respondents argue that the appointment of Mahant is governed by historical procedures and t India Law Library Docid # 2416719