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(261) SHRI. THOMBOR SHADAP Vs. STATE OF MEGHALAYA AND OTHERS[MEGHALAYA HIGH COURT] 16-08-2024
Penal Code, 1860 (IPC) — Section 302 — Murder — The incident occurred on 29.12.2011, and the appellant was convicted based on eyewitness testimonies — The main issues were the delay in recording eyewitness statements, the credibility of the witnesses, and the lack of motive and proper identification of the accused — The appellant argued that the delay in recording statements, lack of proper identification, and inconsistencies in witness testimonies raised doubts about the prosecution's case — Th
India Law Library Docid # 2416890

(262) SHRI DISROYWEL WAHLANG Vs. STATE OF MEGHALAYA[MEGHALAYA HIGH COURT] 16-08-2024
Protection of Children from Sexual Offences Act, 2012 — Sections 3(a), 4, 7 and 8 — Penal Code, 1860 (IPC) — Sections 319, 321, 323, 354, 354B, 361, 366, 375(a) , 375(2)(i)(j) and 376 — Rape and sexual assault of a minor girl — The main issue was whether the conviction and sentence by the Trial Court were justified based on the evidence presented — The appellant argued that the case was fabricated, citing inconsistencies in the victim's testimony and lack of medical evidence supporting recent se
India Law Library Docid # 2416891

(263) PRASAR BHARATI BOARD CASTING CORPORATION OF INDIA AND OTHERS Vs. GOUTAM BALLAV MOHANTY AND OTHERS[ORISSA HIGH COURT] 16-08-2024
Service Law — Equal pay for equal work — Casual lighting assistants at Doordarshan Kendra claimed entitlement to revised wages similar to employees awaiting regularization — Despite memorandums enhancing wages, they continued to receive lower pay — Whether casual lighting assistants are entitled to the same pay as regularised employees under the principle of "equal pay for equal work" — Petitioner's argues that the differences in employment requirements justify variations in pay — The casual wor
India Law Library Docid # 2416892

(264) MAHESHBHAI DHIRUBHAI DARJI Vs. STATE OF GUJARAT AND ANOTHER[GUJARAT HIGH COURT] 16-08-2024
Penal Code, 1860 (IPC) — Section 306 — Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — Section 3(2)(v) — Abetment of suicide — The applicant was accused of abetting the suicide of his subordinate, who allegedly faced discrimination and mental harassment at work — Whether the applicant's actions constituted abetment of suicide under Section 306 of the IPC and whether the provisions of the SC ST Act were applicable — The applicant argued that there was no direct eviden
India Law Library Docid # 2416893

(265) CHHELABHAI CHOTHABHAI MUNDHVA Vs. STATE OF GUJARAT[GUJARAT HIGH COURT] 16-08-2024
Prevention of Corruption Act, 1988 — Sections 7, 13(1)(d) and 13(2) — The appellant was convicted for demanding and accepting a bribe of Rs. 1500 for issuing an NOC for a residential scheme — Whether the trial court erred in convicting the appellant without direct evidence of the demand for a bribe — Petitioner argues that the prosecution failed to prove the demand for a bribe, and the complainant turned hostile — Respondent argues circumstantial evidence and the Phenolphthalein test proved the
India Law Library Docid # 2416894

(266) BABU LAL Vs. STATE OF RAJASTHAN[RAJASTHAN HIGH COURT] 16-08-2024
Prevention of Corruption Act, 1988 — Sections 13(1)(d) and 13(2) — A Bank manager, was convicted for demanding and accepting a bribe for sanctioning a loan — The conviction was based on a complaint and a trap set by the Anti-Corruption Bureau (ACB) — Whether the demand and acceptance of the bribe were proven beyond reasonable doubt, and whether the work of the complainant was pending with the appellant at the time of the trap — The appellant argued that the money was a processing fee, not a brib
India Law Library Docid # 2416895

(267) DEEPAK DABAS Vs. CENTRAL BUREAU OF INVESTIGATION[DELHI HIGH COURT] 16-08-2024
Penal Code, 1860 (IPC) — Sections 304, 323 and 34 — Petitioner a former Assistant Superintendent at Tihar Central Prison, is seeking interim bail — He is accused of being involved in the death of undertrial prisoner, who died due to multiple blunt force injuries — Whether petitioner should be granted interim bail given the allegations and the ongoing trial — Petitioner argue for bail on grounds of parity with co-accused who were granted bail, and claims the trial is delayed due to a Supreme Cour
India Law Library Docid # 2416880

(268) CHANDRADEEP KUMAR VAISHYA Vs. STATE OF MADHYA PRADESH AND OTHERS[MADHYA PRADESH HIGH COURT (GWALIOR BENCH)] 16-08-2024
Motor Vehicles Rules, 1989 — Rule 72(3)(d) — Interpretation of — The court held that Rule 72(3)(d), which requires submission of a no-dues certificate from the Regional Transport Officer (RTO), is not mandatory for the grant of a stage carriage permit — The court reasoned that if the no-dues certificate is not submitted along with the application, the application cannot be outrightly rejected — Instead, the authority concerned is under an obligation to scrutinize the issue of dues and take a dec
India Law Library Docid # 2417310

(269) NATIONAL INSURANCE CO. LTD Vs. KUMARI ARPANA AND OTHERS[JHARKHAND HIGH COURT] 14-08-2024
Motor Accidents Claims — Rash and negligent — The insurance company is contesting the liability — Whether the motorcycle was registered on the date of the accident and whether the claimants are entitled to enhanced compensation — The insurance company argued that the motorcycle was not registered at the time of the accident, constituting a breach of policy terms — The claimants argued for enhanced compensation, including future prospects and loss of consortium — The court found that the motorcyc
India Law Library Docid # 2416749

(270) DASAPPAGARI SIVA REDDY (DIED) AND OTHERS Vs. SMT DASAPPAGARI ALIVELAMMA AND OTHERS[ANDHRA PRADESH HIGH COURT] 14-08-2024
Partition Suit — The plaintiffs filed a suit for maintenance, partition of properties, and marriage expenses — The defendant denied the claims and disputed the paternity of the third plaintiff — The main issues were the entitlement of the plaintiffs to partition and maintenance, and the legitimacy of the third plaintiff — The plaintiffs argued for their right to maintenance and partition of ancestral properties, claiming the defendant's harassment and desertion — The defendant contended that the
India Law Library Docid # 2416750

(271) G.D.R. EDUCATIONAL FOUNDATION AND OTHERS Vs. STATE OF CHHATTISGARH AND OTHERS[CHHATTISGARH HIGH COURT] 14-08-2024
Chhattisgarh Chandulal Chandrakar Memorial Medical College, Durg (Acquisition) Act, 2021 — Sections 4, 5, 6, 8(1), 8(3) and 9 — Transfer of Property Act, 1882 — Section 100 — The petitioners challenged sections 4, 5 and 9 of the Act, 2021, seeking protection for their interests as creditors — The constitutionality of the Act, 2021, and whether it infringes on the petitioners' rights under the Transfer of Property Act, 1882 — The Act is beyond the legislative competence of the State, nullifies ju
India Law Library Docid # 2416751

(272) SANJAY SHARMA Vs. CHHATRAM YADAV AND OTHERS[CHHATTISGARH HIGH COURT] 14-08-2024
Specific Relief Act, 1963 — Section 16 — Personal bars to relief — The plaintiff filed a suit for specific performance of a contract to sell land — The defendant received an advance but later refused to execute the sale deed — Whether the plaintiff proved readiness and willingness to perform his part of the contract and whether the defendant was the owner of the suit land — The plaintiff argued that he was always ready and willing to perform his part of the contract and had paid the advance amou
India Law Library Docid # 2416752

(273) AVINASH YADU AND OTHERS Vs. STATE OF CHHATTISGARH[CHHATTISGARH HIGH COURT] 14-08-2024
Penal Code, 1860 (IPC) — Sections 306 and 498A — Abetment to suicide and Cruelty — Dowry demands — Whether the appellants were guilty of abetment to suicide and cruelty under Sections 306 and 498-A of IPC — The appellants argued that the prosecution failed to prove the charges beyond reasonable doubt and that the deceased's letters did not mention any torture for dowry — The State argued that the prosecution had proved its case beyond reasonable doubt, and the trial court rightly convicted the a
India Law Library Docid # 2416753

(274) M/S KANHAIYALAL AND COMPANY (A PROPRIETORSHIP FIRM) Vs. INDIAN OIL CORPORATION LIMITED AND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 14-08-2024
Legal Metrology Act, 2009 — Section 15 — Termination of dealership — The appellant, a proprietorship firm, had its dealership terminated by Indian Oil Corporation Limited (IOCL) due to alleged tampering with dispensing units and seals — Whether the tampering without affecting delivery constitutes a critical irregularity, and if the termination process was arbitrary and violated natural justice principles — Petitioner argues that the inspection was illegal without Weights and Measures officers, t
India Law Library Docid # 2416754

(275) DESIYA BHURIYA Vs. MAHESH AND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 14-08-2024
Penal Code, 1860 (IPC) — Sections 305 — Protection of Children from Sexual Offences Act, 2012 — Section 17 — Abetment of suicide of child or insane person — The petitioner filed a criminal revision against the acquittal of respondent by the Juvenile Justice Board for charges under Section 305 of IPC and Section 17 of POCSO Act — The case involves the suicide of a 14-year-old girl who was allegedly molested and threatened by accused — Whether the acquittal by the Juvenile Justice Board was justif
India Law Library Docid # 2416755

(276) M/S AMANDEEP ENTERPRISES Vs. UNION OF INDIA AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 14-08-2024
Tender Process — The petitioner challenged the participation of respondent Nos. 6 & 7 in a tender process, alleging they were blacklisted for producing fake NOCs. — Whether the bids of blacklisted firms (respondent Nos. 6 & 7) should be rejected as per Clause 19 of the bid documents — The petitioner argued that respondent Nos. 6 & 7 were blacklisted and their bids should be rejected — Respondent Nos. 6 & 7 claimed they were not blacklisted and had valid documents — The official respondents suppo
India Law Library Docid # 2416756

(277) MOHAMMAD MANSOOR LONE AND ANOTHER Vs. UT OF J&K AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT SRINAGAR] 14-08-2024
Penal Code, 1860 (IPC) — Sections 420 and 506 — Cheating — The case involves a dispute over a land deal where the petitioners allegedly received Rs. 1.03 crores and cheques worth Rs. 60 lakhs from the private respondents but did not transfer the land — Whether the allegations in the FIR constitute an offence of cheating under Section 420 and 506 of IPC — The petitioners argued that the dispute is of a civil nature, not criminal, and that no fraudulent intention existed at the time of the transac
India Law Library Docid # 2416757

(278) MAROOFA NAZKI Vs. UT OF J&K AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT SRINAGAR] 14-08-2024
Service Law — False Qualifications — The petitioner was appointed as a Clerk in 1987 — Her service records showed her as a matriculate, but she claimed to be under-matric — Multiple representations and an enquiry confirmed her claim — The main issue is whether the petitioner's initial appointment and subsequent promotions were based on false qualifications — The petitioner argued that her credentials were wrongly recorded and that she never submitted a matriculation certificate — She also claime
India Law Library Docid # 2416758

(279) SAMSHER AND OTHERS Vs. STATE OF MAHARASHTRA[BOMBAY HIGH COURT (AURANGABAD BENCH)] 14-08-2024
Penal Code, 1860 (IPC) — Sections 302 and 364 — Arms Act, 1959 — Section 25 — The case involves the murder of ‘N’, who was kidnapped and later found dead with firearm injuries — The appellants were convicted for their involvement in the crime — The main issue is whether the appellants were rightly convicted based on circumstantial evidence — The appellants argued that the evidence was circumstantial and insufficient to prove their involvement — They also questioned the credibility of the identif
India Law Library Docid # 2416759

(280) CHITALE AGRICULTURAL PRODUCTS LIMITED Vs. STATE OF MAHARASHTRA AND OTHERS[BOMBAY HIGH COURT] 14-08-2024
Maharashtra Land Revenue Code, 1966 — Section 257 — Power of State Government and of certain revenue and survey officers to call for and examine records and proceedings of subordinate officers — Petitioner challenged the orders related to the re-grant of agricultural land initially leased to them, which was later acquired by the State and re-granted to the Deshpande family — The main issues were the maintainability of the revision application, the delay in challenging the orders, and the validit
India Law Library Docid # 2416760