(321) BADRI PRASAD MEENA Vs. CENTRAL BUREAU OF INVESTIGATION[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 14-11-2024 Penal Code, 1860 (IPC) — Section 120B — Prevention of Corruption Act 1988 — Section 7-A and 8 — Illegal Gratifications — The accused-petitioners were alleged to have accepted a 1% commission for clearing contractors' bills — Whether compelling the accused to provide voice samples violates Article 20(3) of the Constitution and their right to privacy — The accused argued that providing voice samples against their will violates their constitutional rights and privacy — The CBI argued that voice sam India Law Library Docid # 2419829
(322) RAKESH KUMAR SAINI Vs. UNION OF INDIA[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 14-11-2024 Income Tax Act, 1961 — Sections 54B and 148 — The petitioner filed a writ petition challenging a notice issued under Section 148 of the Income Tax Act for the assessment year 2009-10, claiming wrongful deduction under Section 54B — Whether the reassessment notice under Section 148 was valid, given that it was based on a change of opinion regarding the deduction claimed under Section 54B — The petitioner argued that the reassessment was based on a change of opinion, which is not permissible — The India Law Library Docid # 2419830
(323) YOGESH KUMAR SAINI Vs. UNION OF INDIA AND OTHERS[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 14-11-2024 Income Tax Act, 1961 — Sections 54B and 148 — The petitioner filed a writ petition challenging a notice issued under Section 148 of the Income Tax Act for the assessment year 2009-10, claiming wrongful deduction under Section 54B — Whether the reassessment notice was valid or merely a change of opinion by the Assessing Officer (AO) — The petitioner argued that the deduction under Section 54B was already scrutinized and accepted in the original assessment, and the reassessment was based on a chan India Law Library Docid # 2419835
(324) INTEKHAB KHAN @ GOLU AND ANOTHER Vs. STATE OF BIHAR[PATNA HIGH COURT] 14-11-2024 Penal Code, 1860 (IPC) — Sections 450, 376 and 511 — Arms Act, 1959 — Section 25(1-B) — The appellants were convicted for attempting to commit rape and for possession of a firearm — The main issues were whether the appellants were guilty of the charges of attempted rape and illegal possession of a firearm — The appellants argued that the prosecution witnesses, including the informant and the victim, were declared hostile and did not support the prosecution's case — They also pointed out contradi India Law Library Docid # 2419885
(325) SHAMBHU YADAV Vs. THE STATE OF BIHA[PATNA HIGH COURT] 14-11-2024 Penal Code, 1860 (IPC) — Section 376(3) — Protection of Children from Sexual Offences Act, 2012 — Section 4 — Rape of a 18-month-old child — The incident was reported by the child's mother, who witnessed the crime and lodged an FIR — The main issue was whether the appellant was rightly convicted based on the evidence presented — The defense argued that the appellant was falsely framed due to a land dispute and suggested the injuries might have been accidental — The prosecution presented medical India Law Library Docid # 2419887
(326) LADDAN MIYAN Vs. THE STATE OF BIHAR[PATNA HIGH COURT] 14-11-2024 Penal Code, 1860 (IPC) — Section 376(AB) — Protection of Children from Sexual Offences Act, 2012 — Sections 4, 6 and 8 — The appellant was convicted for raping a ten-year-old girl — The incident occurred when the victim went to the appellant's shop to buy chocolates — The reliability of the victim's testimony and the lack of physical evidence were central issues — The appellant argued that the accusations were false and motivated by a dispute over chocolates — The prosecution relied on the victi India Law Library Docid # 2419891
(327) OBAIDA KHATOON Vs. STATE OF BIHAR AND OTHERS[PATNA HIGH COURT] 14-11-2024 Property Law — Title Dispute — The petitioner claims ownership of Plot and seeks mutation/rent fixation — Her applications were rejected by various authorities, citing a title dispute — The main issue is whether the petitioner can seek relief under Article 226 of the Constitution for a property title dispute — The petitioner argues for the issuance of writs to grant mutation/rent fixation and to set aside the A.D.M. Nalanda's order. — The respondents argue that the dispute is about the title and India Law Library Docid # 2419877
(328) ANIL KUMAR JAIN Vs. MS. SUDHA RANI AND OTHERS[DELHI HIGH COURT] 14-11-2024 Motor Accident Claims — Attachment of Property in execution of a compensation award from a motor accident claim — Challenged — Whether the property in question, claimed to be self-acquired by ‘B’ can be attached to satisfy the award against ‘A’ — The appellant argued that the property was inherited from 'B' and not purchased with funds from ‘A’, thus it should not be subject to attachment — The respondents did not appear, but the court considered the evidence presented, indicating the property w India Law Library Docid # 2419979
(329) MOHD. SAJID Vs. SALEEM AHMAD AND OTHERS[DELHI HIGH COURT] 14-11-2024 Delhi Rent Control Act, 1958 — Section 50 — The case involves a property dispute over a shop — The respondents/plaintiffs claimed ownership and sought possession, recovery of rent, and damages from the appellant/defendant, who was a tenant — The main issue was whether the Delhi Rent Control (DRC) Act applied to the property, which would affect the suit's maintainability — The appellant/defendant argued that the DRC Act applied, making the suit non-maintainable — The respondents/plaintiffs conten India Law Library Docid # 2419980
(330) HINA BASHIR BEIGH AND ANOTHER Vs. NATIONAL INVESTIGATION AGENCY[DELHI HIGH COURT] 14-11-2024 Unlawful Activities Prevention Act, 1967 — Sections 13, 18, 38 and 39 — Appellant were convicted for their involvement with the terrorist organization ISKP and sentenced to 8 and 7 years respectively under UAPA sections 38(2) and 39(2) — The appellants sought a reduction in their sentences, arguing for parity with another accused (A-3) who received a lesser sentence — The appellants argued that their roles were similar to A-3, who was sentenced to the period already undergone — The NIA contended India Law Library Docid # 2419981
(331) VIJAY SHARMA Vs. SHEETAL SHARMA AND ANOTHER[HIMACHAL PRADESH HIGH COURT] 14-11-2024 Custody of Minor Child — Appellant filed a petition seeking custody of his minor son after his wife left the matrimonial home with the child — The trial court dismissed his petition — The main issue was whether the petitioner should be granted custody of the minor child — Appellant argued that he could provide better care and education for the child and that respondent was not capable of maintaining the child properly — Respondent contended that she was capable of taking care of the child, had a India Law Library Docid # 2420071
(332) LAXMI DEVI Vs. STATE OF HIMACHAL PRADESH AND OTHERS[HIMACHAL PRADESH HIGH COURT] 14-11-2024 Service Law — Aaganwari Helper — Termination — The petitioner was terminated from her position as an Aaganwari Helper following an incident where a child was found dead in a water tank — She was terminated along with another Aaganwari Worker ‘K’ — The main issue is whether the termination of petitioner’s services was justified and whether she should be reengaged in her position, similar to ‘K’ — Petitioner argued that her termination was unjust, especially since ‘K’, who was similarly situated, India Law Library Docid # 2420072
(333) PADAM SINGHEE Vs. DIRECTORATE OF ENFORCEMENT[ALLAHABAD HIGH COURT] 14-11-2024 Prevention of Money Laundering Act, 2002 — Sections 3 and 4 — Money laundering involving a loss of Rs. 252.61 crores to Punjab National Bank — The main issue is whether petitioner should be granted bail, considering the allegations under the Prevention of Money Laundering Act, 2002 — The petitioner argues that no offence is made out as the loan was not repaid, the account was declared NPA, and no charge sheet has been filed in the predicate offence — They also cite delays in trial and previous b India Law Library Docid # 2420022
(334) SMT. OMIKA DEVI Vs. INDIAN BANK AND OTHERS[ALLAHABAD HIGH COURT] 14-11-2024 Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 — Section 13 — Appellant, claims a 1/3rd share in an immovable property — Her brother and mother mortgaged this property to Indian Bank without her consent — The main issue is whether the bank can auction the mortgaged property without partitioning it among the co-sharers — The appellant argues that the bank should be restrained from auctioning the property until a partition decree is issued, as India Law Library Docid # 2420023
(335) SANJEEV SHARMA Vs. STATE OF HIMACHAL PRADESH AND OTHERS[HIMACHAL PRADESH HIGH COURT] 14-11-2024 Service Law — Assured Career Progression — The petitioner claims that the Assured Career Progression (ACP) he was entitled to in 2007 was wrongly granted in 2009 — He discovered this discrepancy recently when he found his junior's pay was higher — The main issue is whether the delay in filing the petition (since the cause of action arose in 2009) should bar the petitioner from seeking relief — The petitioner argues for quashing certain clauses of the ACP Scheme and seeks monetary benefits from 2 India Law Library Docid # 2420094
(336) VICE CHANCELLLOR DR HARI SINGH GOUR VISHWVIDYALAYA SAGAR AND OTHERS Vs. DR. RANJAN KUMAR PRADHAN AND OTHERS[MADHYA PRADESH HIGH COURT] 14-11-2024 Service Law — Appointment — Cancellation of — Respondent was appointed as Registrar of Dr. Hari Singh Gour University — Later, it was found that he did not meet the required qualifications and experience — Whether the cancellation of respondent's appointment was justified based on the alleged misrepresentation of his qualifications and experience — Respondent argued that he met the eligibility criteria and that the termination of his appointment violated principles of natural justice as no prope India Law Library Docid # 2420130
(337) RAMCHARAN RAGHUVANSHI Vs. SMT. UJALA[MADHYA PRADESH HIGH COURT (GWALIOR BENCH)] 14-11-2024 Hindu Marriage Act, 1955 — Section 13 — Divorce — Cruelty and Desertion — The husband sought a divorce on grounds of cruelty and desertion — The marriage was solemnized on April 26, 2014, and the wife left the matrimonial home on June 25, 2014 — Whether the husband proved cruelty and desertion by the wife, and whether he is entitled to a divorce decree — The husband claimed the wife married him under pressure, refused to consummate the marriage, and falsely accused him and his family of criminal India Law Library Docid # 2420131
(338) PRAVEEN PARMAR Vs. THE STATE OF MADHYA PRADESH AND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 14-11-2024 Penal Code, 1860 (IPC) — Sections 376(1) and 342 — Protection of Children from Sexual Offences Act, 2012 — Sections 3 and 4 — The case involves an alleged rape of a minor — The main issue is whether the FIR and subsequent proceedings should be quashed based on a compromise between the parties — The petitioner argues that the matter has been amicably settled, and both parties are in a cordial relationship, planning to get married — The State argues that the offences are not compoundable under Sec India Law Library Docid # 2420179
(339) SHRIGOVIND NIRANJAN AND OTHERS Vs. THE STATE OF MADHYA PRADESH AND OTHERS[MADHYA PRADESH HIGH COURT] 14-11-2024 Madhya Pradesh Civil Services (Classification, Control and Appeal), Rules, 1966 — Rule 29(1) — The appeals arise from separate proceedings where the petitioners challenged orders affecting their employment status and penalties imposed by the State Government of Madhya Pradesh — The main issues are whether the writ petitions are maintainable before the Jabalpur Bench based on the territorial jurisdiction and the application of the principle of forum conveniens — Petitioners argued that the orders India Law Library Docid # 2420180
(340) SATISH KUMAR AND ANOTHER Vs. BALDEV SINGH AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 14-11-2024 Civil Procedure Code, 1908 (CPC) — Order 39 Rules 1 and 2 — Injunction — Property Dispute — The plaintiffs filed a suit in 1983 seeking a permanent injunction to restrain the defendant from interfering with their possession of the suit land and from alienating it — The defendant initially denied the ancestral nature of the property but later admitted it — The main issues included whether the property was ancestral, whether the plaintiffs were in exclusive possession, and whether the suit was mai India Law Library Docid # 2420260