(301) SH. PRAVESH KUMAR AND ANOTHER Vs. SMT. RASHMI AND ANOTHER[DELHI HIGH COURT] 18-11-2024 Penal Code, 1860 (IPC) — Section 304A — Causing Death by negligence — The petitioners' nine-year-old son died after falling into a pit on land owned by the Delhi Jal Board (DJB) — The incident occurred while the child was chasing a kite — The main issue is whether the DJB and other respondents were negligent in maintaining the land, leading to the child's death, and if the petitioners are entitled to compensation — The petitioners argue that the DJB's negligence in maintaining the land caused th India Law Library Docid # 2419978
(302) SANJANA CHAUHAN Vs. THE CENTRAL BOARD OF SECONDARY EDUCATION AND ANOTHER[HIMACHAL PRADESH HIGH COURT] 18-11-2024 CBSE examination Bye-Laws — Rule 42 (vi) — The petitioner failed her Class-X mathematics compartment exam in 2019 but was allowed to continue to Class-XI and later Class-XII — Her Class-XII result was withheld due to non-compliance with CBSE Rule 42(vi) — Whether Rule 42(vi) of the CBSE Examination Bye-Laws is ultra vires and if the petitioner’s result should be declared despite failing to pass the compartment exam in the first attempt — Petitioner argues that the rule is harsh and unconstitutio India Law Library Docid # 2420070
(303) AGMOTEX FABRICS PRIVATE LIMITED Vs. STATE OF UTTAR PRADESH AND OTHERS[ALLAHABAD HIGH COURT] 18-11-2024 Goods and Services Tax Act, 2017 — Section 74 — Wrongly availing Input Tax Credit (ITC) and refund on certain purchases and not providing proper evidence for canceling 115 e-way bills during the financial year 2021-22 — Whether the petitioner wrongly availed ITC and refund, and whether the principles of natural justice were violated by not providing a fair hearing and necessary documents — The petitioner argued that the raw materials in question were used in manufacturing fabrics and that the au India Law Library Docid # 2420021
(304) SHYAMSUNDER SEN Vs. THE STATE OF MADHYA PRADESH AND OTHERS[MADHYA PRADESH HIGH COURT] 18-11-2024 Public Gambling Act, 1867 — Section 4A — Madhya Pradesh Rajya Suraksha Adhiniyam, 1990 — Section 5(b) — Whether the externment order was justified given the lack of recent criminal activity and the procedural requirements under the Adhiniyam — The petitioner argued that there was no recent criminal activity or material evidence to justify the externment — Previous compliance with court orders and the lack of new offences were highlighted — The State argued that the petitioner was a habitual offe India Law Library Docid # 2420128
(305) BIRENDRA SINGH YADAV Vs. THE STATE OF MADHYA PRADESH AND OTHERS[MADHYA PRADESH HIGH COURT] 18-11-2024 Service Law — Interview — The petitioner challenged the respondents for not allowing him to participate in an interview for the post of General Manager (Contractual) in the Project Implementation Unit of Madhya Pradesh Rural Road Development Authority — Whether the petitioner was rightly denied participation in the interview based on his qualifications and experience — The petitioner argued that he met the required qualifications, including 15 years of experience as an Assistant Engineer, and sh India Law Library Docid # 2420129
(306) STATE OF GUJARAT AND OTHERS Vs. HARISHCHANDRASINHJI B JADEJA SINCE DECEASED THRO.HIS HEIRS AND OTHERS[GUJARAT HIGH COURT] 18-11-2024 Urban Land (Ceiling and Regulation) Act, 1976 — Gujarat Agricultural Land Ceiling (Amendment) Act, 1972 — The case involves land admeasuring 198 acres and 39 gunthas — The petitioner filed a form under the Act, 1960, declaring his total holding — The main issue is whether the petitioner had a minor son on the specified date (01.04.1976) to benefit from the provisions of the Act — The case also touches on the validity of various orders passed by authorities and the applicability of the Act, 1976 India Law Library Docid # 2420199
(307) NIKHIL PRAVEENBHAI JOSHI Vs. CHIEF GENERAL MANAGER AND OTHERS[GUJARAT HIGH COURT] 18-11-2024 Industrial Disputes Act, 1947 — Section 25 — The petitioner was terminated from his job as a peon without following the provisions of the Act, 1947 — He challenged the termination in the labor court, which dismissed his reference due to insufficient evidence of completing 240 days of work in the preceding year — Whether the termination was legal and if the petitioner completed 240 days of work in the preceding year — The petitioner argued that the labor court erred in its judgment and failed to India Law Library Docid # 2420202
(308) SP SINGLA CONSTRUCTIONS PVT. LTD. Vs. STATE OF HARYANA AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 18-11-2024 Arbitration and Conciliation Act, 1996 — Sections 11 and 12(5) — Contract for constructing a railway overbridge — Delays occurred, leading to disputes over compensation and arbitration — The main issues include the applicability of Section 12(5) of the Arbitration Act to ongoing proceedings, the independence and impartiality of the Arbitral Tribunal, and the termination of arbitral proceedings — The petitioner argued for the appointment of an independent tribunal due to doubts about the impartia India Law Library Docid # 2420279
(309) EQUITAS SMALL FINANCE BANK LIMITED Vs. THE SECRETARY, MINISTRY OF FINANCE AND OTHERS[MADRAS HIGH COURT] 18-11-2024 Prevention of Money Laundering Act, 2002 — Section 50(2) — Petitioner-Bank challenged a summon issued by the Enforcement Directorate (ED) — The summon required the bank's Managing Director and CEO to appear before the ED — The main issue was whether the summon issued by the ED was valid and within its jurisdiction — The petitioner argued that they had already cooperated with the investigation and that the money in question was released based on a court order — They also claimed that the summon w India Law Library Docid # 2420389
(310) MASRUR ALAM Vs. STATE OF WEST BENGAL AND OTHERS[CALCUTTA HIGH COURT] 18-11-2024 Criminal Procedure Code, 1973 (CrPC) — Sections 156(3) and 200 — Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 — The petitioner filed a complaint against bank officials under Section 156(3) Cr.P.C., alleging fraud and misconduct in the sale of his mortgaged property under the SARFAESI Act — The High Court had previously directed him to pursue legal remedies under the Cr.P.C. — Whether a police investigation is necessary at this stage or if t India Law Library Docid # 2420696
(311) CHINA DAS AND OTHERS Vs. NEW INDIA ASSURANCE COMPANY LIMITED AND ANOTHER[CALCUTTA HIGH COURT] 18-11-2024 Motor Accident Claims — Gratuitous Passenger — The deceased died in a truck crash; his family claimed compensation from the owner and insurer — Although the truck was insured, the policy was invalid at the time of the accident — The deceased was a gratuitous passenger, but the court ruled the insurer still liable — The family sought higher compensation based on actual income, but the court upheld the notional income assessed by the tribunal — Referencing Supreme Court cases, the court increased India Law Library Docid # 2420697
(312) S KRISHNAIAH Vs. B MALLIKA RJUNA AND OTHERS[ANDHRA PRADESH HIGH COURT] 18-11-2024 This Criminal Revision Case, under sections 397 and 401 of the CrPC, is filed by the petitioner impugning the order dated 23.04.2021 in Crl.M.P.No.56 of 2021 in C.F.No.81 of 2021 of learned IV Additional Judicial Magistrate of the First Class, Tirupati, Chittor District. India Law Library Docid # 2420905
(313) ELUMALAI Vs. MALIKAMBAL AND OTHERS[MADRAS HIGH COURT] 15-11-2024 Limitation Act, 1963 — Section 5 — Condonation of Delay — The plaintiffs filed a suit for declaration and permanent injunction — The defendant allowed the suit to proceed ex-parte, leading to an ex-parte decree, which was later set aside — The defendant failed to appear for cross-examination, resulting in another ex-parte decree — Whether the delay of 158 days in filing the application to set aside the ex-parte decree should be condoned — The petitioner argued that the delay was due to suffering India Law Library Docid # 2420390
(314) UNION BANK OF INDIA Vs. THE PRESIDING OFFICER, CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL AND OTHERS[MADRAS HIGH COURT] 15-11-2024 Union Bank of India (Employees') Pension Regulations, 1995 — Clause 29 — The employee, who joined the Union Bank of India in 1961, was absent from work since 21.11.1995 and applied for voluntary retirement on 28.11.1995 — The Bank did not respond within the required three months — Whether the employee's voluntary retirement application was deemed accepted due to the Bank's failure to respond and whether the employee had abandoned his service — The Bank argued that the employee abandoned his serv India Law Library Docid # 2420391
(315) UNITED INDIA INSURANCE COMPANY LIMITED Vs. NAKKA APPANNA[ANDHRA PRADESH HIGH COURT] 15-11-2024 Workmen’s Compensation Act, 1923 — Section 30 — The court dismissed the insurance company's appeal against a compensation award for a worker killed in a tractor accident — Despite arguments that the worker was unauthorized and the driver's license expired, the court found the worker to be an employee and the accident work-related — The court ruled that minor policy violations and an expired license do not absolve the insurance company of liability under the Workmen’s Compensation Act, and compen India Law Library Docid # 2420728
(316) VIRIGINENI SRIRAMULU AND OTHERS Vs. MURARISETTI RAMACHANDRAIAH AND OTHERS[ANDHRA PRADESH HIGH COURT] 15-11-2024 Agreement to Sell — Plaintiffs agreed to buy a portion of a property in 1981; a sale agreement was executed in 1985 — Plaintiffs took possession but the sale deed was not executed — Defendants disputed the eastern boundary of the property — Suit filed for specific performance and permanent injunction in 1997 — Plaintiffs argues that the Boundary discrepancy due to subsequent road construction; defendants are willing to execute the deed — Defendants contends that the dispute the eastern boundary; India Law Library Docid # 2420729
(317) BIHARILAL @ JWALA PRASAD AND OTHERS Vs. SMT. KAMLA DEVI AND OTHERS[CHHATTISGARH HIGH COURT] 14-11-2024 Partition Suit — Will — The plaintiffs filed a suit for declaration of title, partition, and permanent injunction regarding properties acquired by their father — They claimed 1/5 share each in the properties, alleging that the defendants had fraudulently recorded their names in the revenue records — The main issues were whether the properties were joint family properties, the validity of the Wills executed by ‘S’ and whether the plaintiffs had relinquished their rights — The appellants argued th India Law Library Docid # 2419705
(318) REDDY PRAVEEN REDDY Vs. STATE OF TELANGANA[TELANGANA HIGH COURT] 14-11-2024 Penal Code, 1860 (IPC) — Section 302 — Murder — The appellant was convicted of murdering his parents and nephew by setting them on fire — Whether the appellant was responsible for the deaths and whether the evidence presented was sufficient to convict him — The appellant argued that the evidence was circumstantial, the extra judicial confession was weak, and there were discrepancies in the prosecution's case — The prosecution argued that the appellant was present at the scene, failed to explain India Law Library Docid # 2419769
(319) AMAR SINGH Vs. STATE OF RAJASTHAN AND OTHERS[RAJASTHAN HIGH COURT] 14-11-2024 Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 — Rule 16 — The petitioner challenged his compulsory retirement, which was issued due to his decision to grant bail to an accused in a murder trial, despite a previous bail rejection and a pending transfer petition — The main issue was whether the petitioner acted with judicial misconduct and impropriety by granting bail under questionable circumstances — Petitioner argued that the disciplinary proceedings were flawed, the India Law Library Docid # 2419842
(320) KANCHAN KUMAWAT Vs. UNION OF INDIA AND OTHERS[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 14-11-2024 Education Law — The petitioners, who scored higher in the NEET-UG exam, were excluded from the final allotment list due to not submitting Class XI mark-sheets showing 'Biology' as a subject — They argued that this was due to the COVID-19 pandemic, which led to their promotion without detailed mark-sheets — Whether the petitioners' exclusion due to the lack of Class XI mark-sheets was justified, and if their fundamental rights under Articles 14 and 21 were violated — The petitioners claimed they India Law Library Docid # 2419826