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(241) AJIT DEB BARMAN AND ANOTHER Vs. THE STATE OF ASSAM AND OTHERS[GAUHATI HIGH COURT] 18-09-2024
Service Law — Multiple times termination — Petitioners were appointed as casual employees and served as Circle Organisers, Village Defence Organization (COVDO) in Nalbari District, Assam — They were terminated multiple times and sought regularization of their services —Whether the petitioners should be regularized as COVDO and if their termination was lawful — Petitioners argued for regularization based on long service and previous court orders, citing the Supreme Court's Uma Devi judgment — Res
India Law Library Docid # 2418301

(242) MD. NIZAM ALI @ NIZAMADDIN Vs. STATE OF ASSAM[GAUHATI HIGH COURT] 18-09-2024
Penal Code, 1860 (IPC) — Sections 376(f) and 511 — Attempt to rape an 8-year-old girl —The main issues include the validity of the conviction, the delay in lodging the FIR, and whether the evidence supports the charges under Sections 376(f)/511/448 IPC — The petitioner argued that the evidence was not properly considered, the delay in lodging the FIR was not explained, and the allegations were false due to previous enmity — The prosecution maintained that the victim's testimony was consistent an
India Law Library Docid # 2418302

(243) ARIJIT DASGUPTA Vs. THE STATE OF ASSAM AND ANOTHER[GAUHATI HIGH COURT] 18-09-2024
Penal Code, 1860 (IPC) — Sections 120(B), 420, 468 and 471 — The petitioner, an advocate, corrected and drafted a sale deed — Later, it was discovered that the No Objection Certificate (NOC) related to the sale was forged — The petitioner was included in the charge sheet for conspiracy and forgery — Whether the petitioner's inclusion in the charge sheet was justified despite the lack of direct evidence against him — The petitioner argued that he was merely performing his professional duties and
India Law Library Docid # 2418303

(244) HASANBHAI MAHAMADBHAI ISHAAT Vs. STATE OF GUJARAT[GUJARAT HIGH COURT] 18-09-2024
Penal Code, 1860 (IPC) — Sections 420, 465, 467, 468, 471, 120(B), 34 and 212 — The applicant is seeking regular bail after being charged with multiple offenses, including forgery and conspiracy, related to a fraudulent land transaction — Whether the applicant should be granted bail considering the nature of the accusations, the evidence, and the applicant's role in the alleged crime — The applicant's lawyer argues that the applicant is a bona fide purchaser, has been in custody for over 11 mont
India Law Library Docid # 2418697

(245) MUKESHBHAI NARPATLAL SHAH Vs. STATE OF GUJARAT AND OTHERS[GUJARAT HIGH COURT] 18-09-2024
Penal Code, 1860 (IPC) — Sections 465, 467, 468, 406, 420 and 114 — The petitioner sought to quash an FIR related to a land sale agreement where he and another accused allegedly took Rs. 41 lakh from the complainant without the possibility of executing a sale deed —Whether the petitioner committed forgery, criminal breach of trust, and cheating under Sections 465, 467, 468, 406, 420, and 114 — The petitioner claimed he was falsely implicated, did not forge any documents, and acted only as a midd
India Law Library Docid # 2418698

(246) STATE OF GUJARAT Vs. PUNJABHAI KANABHAI BHANBHAI AND OTHERS[GUJARAT HIGH COURT] 18-09-2024
Penal Code, 1860 (IPC) — Section 498A — Death by consuming poison due to harassment by her in-laws after the death of her son — The State appealed against the acquittal of the accused by the Additional Sessions Court —Whether the accused were responsible for abetting the suicide of Ramilaben and whether the harassment amounted to cruelty under Section 498A of IPC —The prosecution argued that the accused continuously harassed, blaming her for the death of her son, which led her to commit suicide
India Law Library Docid # 2418723

(247) SHATRUGHAN RAGHUNANDAN DUBEY AND ANOTHER Vs. STATE OF GUJARAT AND OTHERS[GUJARAT HIGH COURT] 18-09-2024
Penal Code, 1860 — Sections 498A, 323, 294(b), 506(1) and 114 —Dowry Prohibition Act, 1961 — Sections 3 and 7 — The applicants, accused Nos. 2 and 3, sought to quash FIR No. II-3080 of 2016 filed under various sections of the IPC and Dowry Prohibition Act, alleging mental and physical harassment and dowry demands — Whether the FIR and subsequent proceedings should be quashed due to lack of specific evidence and allegations against the applicants — The applicants argued that the allegations were
India Law Library Docid # 2418731

(248) MEET ANILKUMAR PATEL Vs. BABUBHAI RUPSING AND OTHERS[GUJARAT HIGH COURT] 18-09-2024
Motor Accident Claims — Enhancement of Compensation — Vehicle lost control due to a tire burst, resulting in injuries and the death of a passenger —The main issue is whether the compensation awarded by the Motor Accident Claims Tribunal was adequate —The appellant argued that the compensation of Rs. 38,500 was insufficient, especially considering the minor's injuries and the disability certificate indicating a 7.5% functional impairment —The insurance company contended that the Tribunal's judgme
India Law Library Docid # 2418739

(249) VIKRANT KHANNA AND OTHERS Vs. SMT. AMITA LAMBA AND ANOTHER[DELHI HIGH COURT] 17-09-2024
Delhi High Court Act, 1966 — Section 10(1) — Civil Procedure Code, 1908 (CPC) Section 104 and Order 48 Rule 1 — The Plaintiff/Appellant filed a suit for recovery of Rs. 7,95,38,338/- against the Defendants/Respondents The case involves delays in filing documents and written statements —Whether the time prescribed under Rule 4, Chapter VII of the DHC Original Side Rules for filing the written statement is mandatory or directory —The Plaintiff/Appellant argued that the prescribed time for filing
India Law Library Docid # 2418059

(250) AMIT ARORA Vs. DIRECTORATE OF ENFORCEMENT[DELHI HIGH COURT] 17-09-2024
Prevention of Money Laundering Act, 2002 — Section 45 — Bail — Money laundering case related to the Delhi Excise Policy 2021-22 —Whether the applicant should be granted bail considering his medical condition and the allegations of money laundering — Petitioner argue that he is a law-abiding citizen with severe health issues that cannot be treated in jail — He claimed he cooperated with the investigation and is not a flight risk —The Directorate of Enforcement opposed the bail, stating that Arora
India Law Library Docid # 2418060

(251) ABHISHEK GROVER Vs. DIVISIONAL COMMISSIONER DELHI AND OTHERS[DELHI HIGH COURT] 17-09-2024
Maintenance and Welfare of Parents and Senior Citizens Act, 2007 — Delhi Maintenance and Welfare of Parents and Senior Citizens Rules, 2009 — The case involves a dispute between senior citizens and their son, over the ownership and eviction from commercial properties in New Delhi —The main issues are the ownership of the properties and the alleged ill-treatment of the senior citizens by their son, leading to their request for his eviction — The senior citizens claim ownership of the properties a
India Law Library Docid # 2418061

(252) SH. RAJESHWAR NATH GUPTA AND OTHERS Vs. SH. ASHOK JAIN AND OTHERS[DELHI HIGH COURT] 17-09-2024
Property Dispute — Both Parties purchased undivided half shares of the property in 1983 —The main issues are whether the property can be partitioned, the legality of the partition wall constructed by the ‘J’ family and the ownership and possession of specific portions of the property — The ‘G' family argues that the property cannot be partitioned and seeks a declaration and injunction to prevent the ‘J' family from constructing a partition wall and causing obstruction —The ‘J’ family contends th
India Law Library Docid # 2418062

(253) ANAMIKA SARKAR Vs. SURENDER KUMAR[DELHI HIGH COURT] 17-09-2024
Guardianship petition seeking visitation rights to meet child —The main issue was the frequency of physical visitation rights —The petitioner requested to extend physical visitation from once a week to twice a week —The respondent had no objection to the increased visitation frequency —The court granted physical visitation twice a week (Wednesday and Saturday) and maintained the video call schedule —The court considered the consent of both parties and the best interest of the child — The court a
India Law Library Docid # 2418063

(254) JAIN IRRIGATION SYSTEMS LIMITED Vs. M/S. PRAGYAWAN TECHNOLOGIES PRIVATE LIMITED[DELHI HIGH COURT] 17-09-2024
Jurisdiction — Recovery of Amount — Recovery of INR 3.49 Cr for unpaid purchase orders — Disputes arose, leading to contract foreclosure and legal actions in Noida and Delhi — Whether the Delhi High Court has jurisdiction to hear the case, given the exclusive jurisdiction clause and the location of the cause of action —The plaintiff argues that the exclusive jurisdiction clause in the purchase orders and the defendant’s registered office in Delhi confer jurisdiction to the Delhi High Court —The
India Law Library Docid # 2418064

(255) KOTESHWAR CHEMFOOD INDUSTRIES PVT. LTD. Vs. SACHDEVA AND SONS INDUSTRES PVT. LTD. AND ANOTHER[DELHI HIGH COURT] 17-09-2024
Trade Marks Act, 1999 — Sections 46, 47, 56, 57 and 125 — The petitioner has been using the trademark "PRIME" for iodized salt since 1995 — The respondent registered the same trademark for rice and other goods in 2006 — The main issue is whether the respondent's trademark registration for "PRIME" should be rectified or cancelled due to non-use for goods other than rice —The petitioner argued that the respondent has not used the trademark "PRIME" for salt and other goods in Class-30, except for r
India Law Library Docid # 2418065

(256) TREASURE STUDIO INC AND ANOTHER Vs. MOHIT KHUNGAR AND ANOTHER[DELHI HIGH COURT] 17-09-2024
Trade Marks Act, 1999 — Section 57 — The petitioners are the creators of the popular children's entertainment brand "COCOMELON" — They sought the rectification/removal of a trademark registered by the respondent claiming it was deceptively similar to their own —The main issue was whether the respondent's trademark was fraudulently obtained and if it infringed upon the petitioners' well-known trademark "COCOMELON" —The petitioners argued that their trademark "COCOMELON" is globally recognized and
India Law Library Docid # 2418066

(257) VIJAY Vs. STATE OF HARYANA[PUNJAB AND HARYANA HIGH COURT] 17-09-2024
Narcotic Drugs and Psychotropic Substances Act, 1985 — Sections 22 (c), 29 and 37 — The petitioner was found in possession of 27 injections of Buprenorphine IP (Leegesic) and has no prior criminal antecedents — Whether the petitioner should be granted bail, given the commercial quantity involved and the rigors of Section 37 of the NDPS Act — The petitioner argues for bail, citing no criminal history and the potential for irreversible injustice due to prolonged pre-trial incarceration — The State
India Law Library Docid # 2417979

(258) MANISH KUMAR @ BABA Vs. STATE OF PUNJAB[PUNJAB AND HARYANA HIGH COURT] 17-09-2024
Penal Code, 1860 (IPC) — Sections 307, 427, 212 and 120B — Explosive Substance Act, 1908 — Sections 6, 7 and 8 —Unlawful Activities (Prevention) Act, 1967 — Sections 13, 16, 17, 18, 18B and 20 — The appellant was not named in the FIR but was implicated based on the statement of a co-accused — He has been in custody for over 2 years without any incriminating material found against him — Whether the appellant should be granted bail despite the stringent conditions under UAPA, given his long period
India Law Library Docid # 2417980

(259) MAMTA SAHNI AND OTHERS Vs. SHAM SUNDER[PUNJAB AND HARYANA HIGH COURT] 17-09-2024
Suit for Ejectment — Bonafide requirment — The landlord filed an ejectment petition on the grounds of personal bona fide need and necessity — Whether the landlord's petition for ejectment based on personal necessity should be stayed due to a pending revision petition —The petitioners argued that the landlord's previous ejectment petition was dismissed and that the current petition should be stayed until the revision petition is decided — The respondent contended that the current petition is base
India Law Library Docid # 2417981

(260) RAJESH AND ANOTHER @ RAJU Vs. UMESH KUMAR AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 17-09-2024
Motor Accident Claims — Rash and Negligent Driving — Enhancement of Compensation — The adequacy of compensation awarded by the Tribunal for injuries and disabilities sustained by the claimants — The compensation awarded was inadequate, not in line with legal precedents, and did not fully account for the injuries and disabilities —The compensation awarded was adequate considering the nature of injuries and disabilities — The court reassessed the compensation using the multiplier method, increasin
India Law Library Docid # 2417985