(361) T.J. THOMAS AND OTHERS Vs. MUNICIPAL CORPORATION OF GREATER BOMBAY[BOMBAY HIGH COURT] 13-08-2024 Mumbai Municipal Corporation Act, 1888 — Section 471 — Grant of Occupation Certificate — Petitioners were tenants of a property purchased by a developer for redevelopment — They were promised an Occupation Certificate (OC) but did not receive it, leading to issues with municipal taxes and basic amenities — The main issues were the non-issuance of the OC, additional municipal taxes, and lack of basic amenities like water and sewerage — The Petitioners argued that the developer failed to secure th India Law Library Docid # 2416735
(362) MARINE ELECTRICALS INDIA LTD. Vs. UNION OF INDIA AND ANOTHER[BOMBAY HIGH COURT] 13-08-2024 Micro, Small and Medium Enterprise Development Act, 2006 — Sections 7(9) and 8(3) — Petitioner sought relief under the "Vivad Se Vishwas I-Relief for MSMEs Scheme" for liquidated damages deducted due to COVID-19 delays — Whether the petitioner, reclassified as "not an MSME," could still benefit from the VSV Scheme — Petitioner argues that the claimed eligibility under Clause 8(5) of the MSME Notification, allowing non-tax benefits for three years post-reclassification — Respondent states that th India Law Library Docid # 2416736
(363) RUKUVOTU RINGA AND OTHERS Vs. MEYALEMLA AND OTHERS[GAUHATI HIGH COURT] 13-08-2024 Constitution of India, 1950 – Articles 226(3) — The case involves petitioner from the Department of Social Welfare, Government of Nagaland, against respondent and others, concerning the interpretation of Article 226(3) of the Constitution — Whether Sub-Article (3) of Article 226 of the Constitution is directory or mandatory — The petitioners argue that judicial review is an essential feature of the Constitution and cannot be limited by procedural provisions like Article 226(3) — The respondents India Law Library Docid # 2416737
(364) RENU DEVI AND OTHERS Vs. UNION OF INDIA[DELHI HIGH COURT] 12-08-2024 Railway Claims Tribunal Act, 1987 — Section 16 — Railways Act, 1989 — Sections 124 and 124A — Bonafide passenger — ‘W’ a water supplier, died after falling from the train due to heavy passenger rush — His family filed a claim for compensation, which was initially dismissed by the Railway Claims Tribunal — Whether deceased was a bonafide passenger and whether his death was an "untoward incident" under the Railways Act — The family argued that the incident was an untoward incident, supported by ey India Law Library Docid # 2416685
(365) NARESH CHAND GUPTA Vs. BAR COUNCIL OF DELHI AND OTHERS[DELHI HIGH COURT] 12-08-2024 Penal Code, 1860 (IPC) — Sections 420, 467, 468, 471 and 120B — Forged Degrees — Petitioner, alleges that the Vice Chairman of the Bar Council of Delhi (BCD) and another advocate obtained their positions using forged degrees — Whether the degrees of the respondents are genuine and if the BCD has failed to take appropriate action against them — The petitioner claims that the degrees are forged and that the BCD has not acted on complaints against the respondents — The BCD argues that the degrees India Law Library Docid # 2416686
(366) SUNIL Vs. STATE OF U.P.[ALLAHABAD HIGH COURT] 12-08-2024 Penal Code, 1860 (IPC) — Sections 302 and 449 — Murder of Wife by inclicting blows with brick — Whether the conviction under sections 302 and 449 IPC was justified based on the evidence presented — Petitioner argue that the FIR was delayed and fabricated, witnesses were unreliable and interested, and there was no independent corroboration — The prosecution argued that the witnesses were credible and the evidence was sufficient to convict accused — The court found the prosecution's case doubtful India Law Library Docid # 2416687
(367) BINAYA KUMAR NAIK Vs. SANJAY KUMAR NAIK AND ANOTHER[ORISSA HIGH COURT] 12-08-2024 Arbitration and Conciliation Act, 1996 — Sections 9 and 11(6) — The petitioner and the opposite parties entered into a partnership agreement for a movie business — Disputes arose, leading to legal actions and an application for arbitration — Whether the District Judge was justified in transferring the Section 9 application to the Commercial Court, and if the Commercial Court has jurisdiction over the application without specified valuation — The District Judge, being the Principal Civil Court, India Law Library Docid # 2416688
(368) GOUTAM CHARAN DAS Vs. BISWADARSANI DAS[ORISSA HIGH COURT] 12-08-2024 Hindu Marriage Act, 1955 — Section 24 — Protection of Women from Domestic Violence Act, 2005 — Section 23 — Interim maintenance — The petitioner challenged the interim maintenance order granted to the opposite party (wife) by the lower courts under the Act, 2005 — Whether the opposite party can claim interim maintenance under the DV Act when she is already receiving maintenance from a Family Court order — The petitioner argued that the opposite party is well-educated and capable of employment, a India Law Library Docid # 2416689
(369) NANUBHAI CHHIBABHAI AHIR AND OTHERS Vs. STATE OF GUJARAT[GUJARAT HIGH COURT] 12-08-2024 Penal Code, 1860 (IPC) — Sections 302, 304 Part 1, 323 and 504 read with 114 — Culpable homicide not amounting to murder — The case involves a dispute over joint family land between the deceased and the accused, who are his relatives — A scuffle led to the death due to a neck injury — Whether the accused are guilty of murder under Section 302 of the IPC or culpable homicide not amounting to murder under Section 304 — The defence argued that the incident was a result of a scuffle without the inte India Law Library Docid # 2416690
(370) ATLURI ANURADHA AND OTHERS Vs. NUVVULA VENKATA RAJU[ANDHRA PRADESH HIGH COURT] 12-08-2024 Negotiable Instruments Act, 1881 — Section 118A — Presumptions as to negotiable instruments — The plaintiff filed a suit for recovery of Rs. 9,03,875 based on two promissory notes — Whether the promissory notes were forged and whether the plaintiff is entitled to recover the claimed amount — The trial court decreed the suit in favor of the plaintiff, and the appeal was dismissed — The plaintiff proved the execution and consideration of the promissory notes, and the defendants failed to disprove India Law Library Docid # 2416691
(371) GORAI NAGAR MAHARASHTRA GRIHANIRMAN VASAHAT SANGHATANA Vs. STATE OF MAHARASHTRA AND OTHERS[BOMBAY HIGH COURT] 12-08-2024 Maharashtra Housing Area Development (Disposal of Land) Regulations, 1982 — Regulation 16 — Disposal of certain plots under directive from Government — The dispute involves the allotment of a plot of land in Mumbai, by MHADA to the 5th respondent for constructing a temple — Whether the allotment was made without public advertisement and if it violated the principles of fairness and transparency — The petitioners argued that the allotment was arbitrary, lacked transparency, and violated Article 1 India Law Library Docid # 2416692
(372) R. BALACHANDRAN Vs. G. REENA[MADRAS HIGH COURT] 12-08-2024 Hindu Marriage Act, 1955 — Sections 9 and 13(1)(i-a) — The appellant/husband filed for divorce while the respondent/wife sought restitution of conjugal rights under Section 9 — Family Court dismissed the husband's petition and granted the wife's — On appeal, the High Court overturned the decision, finding the wife guilty of cruelty (disrespect, abuse, mental cruelty, refusal for medical treatment, and leaving home without reason), and granted the husband a divorce — The wife's petition for resti India Law Library Docid # 2416693
(373) V.MOHAMMED YAHYA Vs. LOUIS RAKESH KARUNAKARAN AND OTHERS[MADRAS HIGH COURT] 12-08-2024 Motor Vehicles Act, 1988 — Section 173 — Enhancement of Compensation — 30% Disability — The petitioner was injured in a road accident involving a motorcycle — The petitioner claimed the accident was due to the rider's negligence and sought compensation — The main issue was whether the compensation awarded by the Tribunal was adequate and whether the petitioner's disability was correctly assessed — The petitioner argued that the Tribunal failed to appreciate the evidence and that the disability w India Law Library Docid # 2416694
(374) R. PRABHU AND OTHERS Vs. SUSILA AND OTHERS[MADRAS HIGH COURT] 12-08-2024 Succession Act, 1925 — Section 63 — Execution of unprivileged Wills — The plaintiffs filed a suit for partition of properties into four equal shares, referencing a Will and various sale deeds — The main issue was whether the plaintiffs were entitled to the partition and possession of the suit properties — The plaintiffs argued they were entitled to half of the suit properties based on sale deeds and the Will — The defendants contested the plaintiffs' claims, arguing possession and enjoyment of t India Law Library Docid # 2416695
(375) BASANT KUMAR KHEMKA AND ANOTHER Vs. CITY SHOPPE ESTATES LIMITED[CALCUTTA HIGH COURT] 12-08-2024 Arbitration and Conciliation Act, 1996 — Sections 11 and 21 — Interpretation of “Party” — The petitioners, owners of flats filed applications against respondent alleging disconnection of electricity and failure to provide amenities — Whether the petitioners are "parties" under the 1996 Act and whether the disputes fall under the arbitration clause of the 1995 agreement — The petitioners argued they are successors-in-interest and thus entitled to invoke the arbitration clause in the 1995 agreemen India Law Library Docid # 2416696
(376) M/S JAIN BHANDAR AND OTHERS Vs. STATE OF WEST BENGAL[CALCUTTA HIGH COURT] 12-08-2024 Essential Commodities Act , 1955 — Section 7(1)(a)(ii) — West Bengal Declaration of Stocks and Prices of the Essential Commodities Order, 1977 — Paragraph 3(2) — West Bengal Sugar Dealers Licensing Order, 1980 — Paragraph 2(c) — Penalties — The appellants were convicted for violating the Act, 1955, by dealing in sugar without a license and not displaying stock and price lists as required — Whether the appellants violated the Essential Commodities Act and related orders by not having a license an India Law Library Docid # 2416697
(377) JAHANARA BIBI AND ANOTHER Vs. NATIONAL INSURANCE CO. LTD. AND ANOTHER[CALCUTTA HIGH COURT] 12-08-2024 Motor Vehicles Act, 1988 — Section 166 — The claimant’s son died in a road accident due to alleged rash and negligent driving by the driver of a vehicle — Whether the driver was driving rashly and negligently, and whether the claimants are entitled to compensation — Respondent denied negligence, claiming the accident was caused by the victim's own actions — The tribunal initially dismissed the claim, but the High Court set aside this decision, awarding compensation of Rs. 5,34,000/- to the claim India Law Library Docid # 2416698
(378) GOUTAM PRASANNA KAR Vs. STATE OF WEST BENGAL AND OTHERS[CALCUTTA HIGH COURT] 12-08-2024 Penal Code, 1860 (IPC) — Sections 376 and 417 — The petitioner was accused of cohabiting with the complainant on a false promise of marriage — Whether the petitioner can seek quashing of the G.R. case after a previous similar request was denied — The petitioner argued that the complainant changed her stance multiple times and that the case should be quashed due to a mutual settlement — The respondent argued that the application is not maintainable as the earlier application was dismissed on meri India Law Library Docid # 2416699
(379) TARUN BANERJEE Vs. STATE OF WEST BENGAL AND ANOTHER[CALCUTTA HIGH COURT] 12-08-2024 Penal Code, 1860 (IPC) — Sections 420, 465, 467, 468, 506 and 34 — False job assurances — The petitioner is accused of collecting money from unemployed people under false job assurances through Krishi Bikash Shilpa Kendra — Whether the criminal proceedings should be quashed based on the delay in filing the FIR, lack of direct complainants, and subsequent settlement between parties — Petitioner argues that FIR was delayed, vague allegations, and the dispute was settled amicably — State claims su India Law Library Docid # 2416700
(380) PRIYANKA MOHATA Vs. ASHWIN MOHATA[CALCUTTA HIGH COURT] 12-08-2024 Guardians and Wards Act, 1890 — Sections 7,8 and 12 — Term "resides" and "ordinary residence" — Petitioner and Respondent married in 2013 and had a daughter in 2017 — Petitioner left her matrimonial home in 2018 with her daughter — Respondent filed for custody in 2020 — The main issue is whether the District Judge’s Court at Barasat has jurisdiction to entertain the custody application under the Guardians and Wards Act, 1890 — Petitioner argued that the court lacks jurisdiction as the child resi India Law Library Docid # 2416701