(301) 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
(302) 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
(303) 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
(304) 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
(305) 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
(306) 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
(307) 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
(308) SATYAVRAT BHARTI Vs. STATE OF BIHAR AND OTHERS[PATNA HIGH COURT] 13-08-2024 Penal Code, 1860 (IPC) — Sections 302 and 304 — Custodial Death — Dismissal from the Service — The petitioner, a former SHO, was dismissed from service following the death of an accused in police custody — He was acquitted in the criminal trial but seeks reinstatement — Whether the dismissal was justified despite the acquittal in the criminal case and whether the departmental proceedings were conducted fairly — The petitioner argues that the charges were false, the departmental proceedings were India Law Library Docid # 2416720
(309) THE IFFCO - TOKIO GENERAL INSURANCE COMPANY LIMITED Vs. SHAMIMA KHATOON AND OTHERS[PATNA HIGH COURT] 13-08-2024 Workmen’s Compensation Act, 1923 — Sections 8(4) and 30(1)(a) — A Truck driver, died in an accident while checking his truck's tire — His family claimed compensation from the insurance company — Whether the insurance company is liable to pay compensation and interest, and the validity of the wage assessment — The insurance company argued that they were not served notice, disputed the employer-employee relationship, and contested the wage assessment — The respondents claimed the insurance company India Law Library Docid # 2416721
(310) MAHESH Vs. YOGESH AND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 13-08-2024 Civil Procedure Code, 1908 (CPC) — Order 7 Rule 11 — Prohibition of Benami Property Transactions Act, 1988 — Section 4 — Prohibition of the right to recover property held benami — The plaintiff seeks to declare a gift deed null and void, claiming joint ownership of a house purchased by his late father in his mother's name — Whether the suit is barred by the Benami Transactions (Prohibition) Act, 1988 — Petitioner argues that the suit is barred under the Act, 1988, as the property was purchased b India Law Library Docid # 2416722
(311) RUCHI WADHAWAN Vs. AMIT WALI[DELHI HIGH COURT] 13-08-2024 Hindu Marriage Act, 1955 — Section 13(1)(ia) — Divorce on grounds of cruelty — The appellant and respondent married in 2008 and separated in 2012 — The appellant filed for divorce on grounds of cruelty, which was dismissed by the Family Court — Whether the appellant proved cruelty and whether the prolonged separation justified divorce — Petitioner state that the marriage has broken down irreparably due to cruelty and prolonged separation and seeks divorce without maintenance or alimony — Respond India Law Library Docid # 2416723
(312) KANIKA CHAWLA Vs. INCOME TAX OFFICER, WARD 45(1), NEW DELHI AND OTHERS[DELHI HIGH COURT] 13-08-2024 Income Tax Act, 1961 — Sections 139(1), 143(1) and 153(3) — The petitioner filed a writ petition seeking a refund of INR 69,72,970/- for AY 2004-05 — The reassessment added INR 1 crore to her income, which was disputed and remanded multiple times — Whether the reassessment for AY 2004-05 is barred by limitation under Section 153(3) of the Income Tax Act — The petitioner argued that the reassessment order dated 11.08.2023 is barred by limitation and sought a refund of the excess tax paid — The re India Law Library Docid # 2416724
(313) KAMAL BHASIN Vs. CENTRAL PUBLIC INFORMATION OFFICE AND ANOTHER[DELHI HIGH COURT] 13-08-2024 Right to Information Act, 2005 — Sections 8(1)(j) and 7(9) — Appellant filed an RTI application seeking information about the recruitment of executives by the Power Finance Corporation Limited — Some information was provided, but details about the educational institutions of the executives were denied — Whether the refusal to disclose the names of the educational institutions was justified under the RTI Act — The petitioner argued that the information was in the larger public interest, especiall India Law Library Docid # 2416725
(314) RUPJYOTI BORAH Vs. THE STATE OF ASSAM AND OTHERS[GAUHATI HIGH COURT] 13-08-2024 Assam Technical Education Service Rules, 1981 — Assam Public Service Commission (Limitation of Functions) Regulations, 1951 — Regulation 3(f) — The petitioner challenged the constitution of the Assam Engineering Service Recruitment Board (AESRB) and related regulations and amendments, arguing they were unconstitutional — Whether the AESRB's constitution and the amendments to the Assam Technical Education Service Rules were valid and constitutional — The petitioner argued that the AESRB's constit India Law Library Docid # 2416726
(315) CHEFTALK FOOD AND HOSPITALITY SERVICES PVT. LTD. Vs. INCOME TAX OFFICER, WARD (9)(2)(1) MUMBAI AND OTHERS[BOMBAY HIGH COURT] 13-08-2024 Income Tax Act, 1961 — Section 144B — Standard Operating Procedure — The petitioner challenged an assessment order issued by the Income Tax Department, arguing that they were given less than 24 hours to respond to a show cause notice — Whether the short response time violated the principles of natural justice and the Standard Operating Procedure (SOP) under Section 144B of the Income Tax Act — The petitioner argued that the short response time was unfair and violated natural justice principles, India Law Library Docid # 2416727
(316) ARZOO Vs. UOI AND OTHERS[HIMACHAL PRADESH HIGH COURT] 13-08-2024 Education Law — Relocation — “no bond no stipend policy” — The petitioner, successful in NEET-PG 2023, was allocated a DNB course at Dr. Radhakrishnan Government Medical College, Hamirpur — Due to complaints about a "no bond no stipend policy," she was relocated to Sir Ganga Ram Hospital, New Delhi — The main issue was whether the relocation of the petitioner due to the alleged imposition of a service bond and non-payment of stipend was justified — The petitioner argued that she had opted for th India Law Library Docid # 2416728
(317) RAMAN KUMAR Vs. PURAN CHAND[HIMACHAL PRADESH HIGH COURT] 13-08-2024 Negotiable Instruments Act — Section 138 — The complainant filed a complaint under Section 138 of the Act — The complaint was dismissed by the Trial Court due to the complainant's absence — Whether the Trial Court was correct in dismissing the complaint for want of prosecution — Petitioner argues that he non-appearance was due to an error by the complainant's counsel in noting the date — The dismissal was not justified as the complaint was at an initial stage — Respondents states that the compla India Law Library Docid # 2416729
(318) DAMODAR VALLEY CORPORATION Vs. BLA PROJECTS PVT. LTD.[CALCUTTA HIGH COURT] 13-08-2024 Arbitration and Conciliation 1996 — Section 34 — The case involves a challenge by petitioner against an arbitral award favoring respondent — The dispute arose from a contract termination due to alleged corrupt and fraudulent practices by respondent — Whether the termination of the contract by petitioner was lawful and if the arbitral award was justified — Petitioner argued that the termination was justified based on contract clauses allowing termination for corrupt practices — They claimed respo India Law Library Docid # 2416730
(319) RUMELA SAHOO Vs. THE UNION OF INDIA AND OTHERS[CALCUTTA HIGH COURT] 13-08-2024 National Highways Act, 1956 — Sections 3A and 3A(3) and 3G(3) — Petitioner filed a writ petition challenging the compensation awarded for her property acquired for widening NH-117 — She claims the compensation did not consider the commercial nature of the property — The main issue is whether the compensation awarded was adequate and if the proper legal procedures were followed in the acquisition process — Petitioner argued that the compensation was inadequate, not considering the commercial valu India Law Library Docid # 2416731
(320) SRI KRISHNA MOHAN GHOSH Vs. THE NEW INDIA ASSURANCE CO. LTD. AND ANOTHER[CALCUTTA HIGH COURT] 13-08-2024 Motor Accident Claims — Gratuitous passenger in a goods vehicle — The claimant was injured in a motor accident on 02.12.2002, caused by a rashly driven vehicle — The accident resulted in severe injuries and permanent disablement — Whether the claimant was a gratuitous passenger in a goods vehicle and if he is entitled to compensation from the insurance company — The claimant argued that he was not a gratuitous passenger and was injured due to the driver's negligence — The insurance company conte India Law Library Docid # 2416732