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(281) M/S. N.V. INTERNATIONAL PVT. LTD. AND OTHERS Vs. STATE OF HARYANA AND ANOTHER[PUNJAB AND HARYANA HIGH COURT] 14-08-2024
Penal Code, 1860 (IPC) — Sections 120B, 406, 420, 467, 468, 471, 473 — Punjab Excise Act, 1914 — Section 61(1)(a) — Prevention of Corruption Act, 1988 — Sections 7, 8 and 13 — Counterfeit bar codes and holograms on liquor cartons — Petitioner and others sought to quash an FIR related to alleged violations involving counterfeit bar codes and holograms on liquor cartons — Whether the FIR should be quashed and if the Look Out Circular (LOC) against the petitioners should be addressed — The petition
India Law Library Docid # 2416761

(282) MANJEET Vs. UTTAR HARYANA BIJLIVITRAN NIGAM LIMITED AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 14-08-2024
Service Law — Transfer — The petitioner was transferred from the office of XEN (OP) Division Pundri to XEN (OP) Division Pehowa, which is about 30 km away — She is suffering from Diabetes Mellitus and Celiac disease and has a minor child and matrimonial disputes — Whether the transfer order is valid considering the petitioner's health and personal hardships — The transfer causes acute hardship due to her health conditions, minor child, and matrimonial disputes — She seeks to continue at her curr
India Law Library Docid # 2416762

(283) SURJIT KAUR Vs. STATE OF PUNJAB[PUNJAB AND HARYANA HIGH COURT] 14-08-2024
Narcotic Drugs and Psychotropic Substances Act, 1985 — Sections 22 and 29 — Bail — The petitioner has been in custody since 19.02.2023 — Whether the petitioner should be granted bail considering the nature of the accusations and the time already spent in custody — The petitioner claims false implication, lack of evidence, and cites the bail granted to co-accused — The state opposes bail, citing the serious nature of the allegations and the commercial quantity of the recovered intoxicants — The c
India Law Library Docid # 2416763

(284) KHALAPUR TALUKA SHIKSHAN PRASARAK MANDAL AND ANOTHER Vs. THE STATE OF MAHARASHTRA[BOMBAY HIGH COURT] 14-08-2024
Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 — Section 9 — Termination fo a lecturer — Due to financial difficulties faced by the institution — Whether the termination of the respondent was legal and if she was entitled to reinstatement with back wages — The petitioners argued that the respondent was a temporary employee and that her termination was justified due to financial constraints — The respondent claimed she was a permanent employee and that her t
India Law Library Docid # 2416764

(285) SUKHPAL SINGH @ LADDI Vs. STATE OF HIMACHAL PRADESH[HIMACHAL PRADESH HIGH COURT] 14-08-2024
Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 483 — Penal Code, 1860 (IPC) — Sections 363, 364 and 302 — Murder — Bail — Whether the applicant should be granted bail considering the completion of the investigation and the applicant's claim of innocence — The applicant claims innocence, argues that the investigation is complete, and assures compliance with bail conditions — The police provided a detailed status report, highlighting the evidence against the applicant, including CCTV footage a
India Law Library Docid # 2416738

(286) KAUSHALYA DEVI AND OTHERS Vs. RAMESHWAR AND OTHERS[HIMACHAL PRADESH HIGH COURT] 14-08-2024
Civil Procedure Code, 1908 (CPC) — Order 22 Rule 3(9) and under Order 1 Rule 10, read with Section 151 CPC — Limitation Act, 1963 — Section 5 — The plaintiffs filed a civil suit seeking a permanent prohibitory injunction to restrain the defendants from interfering with their possession of certain lands — The plaintiffs claimed continuous possession for over 100 years — The main issues included whether the plaintiffs were entitled to the injunction, the legality of revenue entries showing plainti
India Law Library Docid # 2416739

(287) PREMIER CRYOGENICS LIMITED AND OTHER Vs. THE STATE OF ASSAM AND OTHERS[GAUHATI HIGH COURT] 14-08-2024
Tender — Eligibility criteria — Petitioner challenged the decision of the State of Assam to award a contract for the supply of Liquid Medical Oxygen (LMO) to ‘M’, arguing that the latter did not meet the required experience criteria — Whether the technical bid of ‘M’ was responsive and met the eligibility criteria for past experience as stipulated in the Notice Inviting Tender (NIT) — The petitioners argued that the respondent did not have the required past experience and did not submit the nece
India Law Library Docid # 2416740

(288) 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

(289) 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

(290) 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

(291) 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

(292) 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

(293) 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

(294) 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

(295) 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

(296) 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

(297) 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

(298) 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

(299) 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

(300) 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