(361) JAWED IMAM SIDDIQUI Vs. DIRECTORATE OF ENFORCEMENT[DELHI HIGH COURT] 13-11-2024 Penal Code, 1860 (IPC) — Section 120B — Prevention of Corruption Act, 1988 — Sections 13(1)(d) r/w 13(2) — Bail — The petitioner seeks bail in a case involving alleged misuse of position by Amanatullah Khan, the main accused, during his tenure as chairman of the Delhi Waqf Board (DWB) — The case involves illegal appointments and misuse of DWB funds — Whether the petitioner knowingly received proceeds of crime and was involved in money laundering through property transactions — The petitioner cla India Law Library Docid # 2419982
(362) SHABANA Vs. GOVT OF NCT OF DELHI AND OTHERS[DELHI HIGH COURT] 13-11-2024 Habeas Corpus Petition — Regarding a missing boy — Despite repeated attempts, the boy remains untraceable — The main issue is the cooperation between social media platforms and law enforcement agencies in providing timely information to trace the missing boy — The petitioner argues for the need for efficient and quick data disclosure from platforms like Meta, WhatsApp, Telegram, Google, and Reddit in emergency situations — The platforms highlight their existing systems for handling data requests India Law Library Docid # 2419983
(363) KANTA DEVI Vs. STATE OF HIMACHAL PRADESH AND OTHERS[HIMACHAL PRADESH HIGH COURT] 13-11-2024 Panchayat Election — The petitioner challenged the election of 'A’ as President of the Nagar Panchayat, Baijnath, arguing that the election was conducted by an unauthorized officer — Whether the Tehsildar, who conducted the election, had the authority to do so — The petitioner claimed that the Sub Divisional Officer (Civil) could not delegate the election duties to the Tehsildar, making the election invalid — The respondents argued that the Tehsildar was authorized to act as the Sub Divisional O India Law Library Docid # 2420073
(364) ANUBHAV BANSAL Vs. H.P. UNIVERSITY AND OTHERS[HIMACHAL PRADESH HIGH COURT] 13-11-2024 Education Law — Refund of Admission Fee — The petitioner sought a refund of Rs. 32,900/- deposited for admission to a B.A.LL.B course at H.P. University — He later got admission to Punjab University and requested a refund, which was denied — Whether the petitioner is entitled to a refund of the admission fee as per UGC guidelines and whether the seat was vacated before the last date of admission — The petitioner argued that he applied for a refund on 25.7.2012 and that the respondents acted arbi India Law Library Docid # 2420074
(365) DHARAM PAL Vs. DEPUTY DIRECTOR AND ANOTHER[HIMACHAL PRADESH HIGH COURT] 13-11-2024 High Court of Himachal Pradesh (Original Side) Rules, 1997 — Civil Procedure Code, 1908 (CPC) — Order 7 Rule 11 — The applicant/defendant failed to file a written statement within the stipulated time, leading to the closure of their right to file it — They filed multiple applications under Order 7 Rule 11 CPC for rejection of the plaint, which were either withdrawn or dismissed — Whether the defendant's right to file a written statement should be reopened after the disposal of their applications India Law Library Docid # 2420075
(366) MANORMA DEVI Vs. HIMACHAL PRADESH STATE ELECTRICITY BOARD LTD. AND OTHERS[HIMACHAL PRADESH HIGH COURT] 13-11-2024 Interest on the delayed payment of Dearness Allowance — The petitioner sought interest on the delayed payment of Dearness Allowance (DA) arrears amounting to Rs. 23,62,082, released in September 2022 for the period from February 8, 2007, to July 31, 2022 — Whether the petitioner is entitled to interest on the delayed payment of DA arrears — The petitioner argued that the DA component was wrongly withheld and sought interest on the delayed payment — The respondents claimed the DA was withheld bas India Law Library Docid # 2420076
(367) NOVENCO BUILDING AND INDUSTRY A/S Vs. XERO ENERGY ENGINEERING SOLUTIONS PRIVATE LIMITED AND ANOTHER[HIMACHAL PRADESH HIGH COURT] 13-11-2024 Commercial Courts Act, 2015 — Section 12-A — Civil Procedure Code, 1908 (CPC) — Order 39 Rules 1 and 2 — Permanent Injunction — The plaintiff sought a permanent injunction against defendant for patent and design infringement — The plaintiff also filed for an interim injunction and exemption from pre-suit mediation — Whether the plaintiff's suit could bypass the mandatory pre-institution mediation under Section 12-A of the Act, 2015, due to the urgency of the relief sought — The plaintiff argued India Law Library Docid # 2420077
(368) SATPAL SINGH SATTI AND OTHERS Vs. STATE OF HIMACHAL PRADESH AND OTHERS[HIMACHAL PRADESH HIGH COURT] 13-11-2024 Himachal Pradesh Parliamentary Secretaries Act, 2006 — The case involves the legislative competence of the Himachal Pradesh Legislature to enact the Himachal Pradesh Parliamentary Secretaries Act, 2006, which created the office of Parliamentary Secretary — The primary issue is whether the Himachal Pradesh Legislature had the authority to create the office of Parliamentary Secretary, given the constitutional limitations — The petitioners argued that the Act violated Article 164(1-A) of the Consti India Law Library Docid # 2420078
(369) MANBODH @ MANOJ AND OTHERS Vs. STATE OF U.P. AND ANOTHER[ALLAHABAD HIGH COURT (LUCKNOW BENCH)] 13-11-2024 Penal Code, 1860 (IPC) — Sections 498A, 323, 504 and 506 — Dowry Prohibition Act, 1961 — Sections 3 and 4 — Whether the revisionists should be granted the benefit of the Probation of Offenders Act, 1958, similar to the co-accused — The revisionists argued that they are first offenders with no criminal history and were implicated due to a matrimonial dispute — They contended that the trial court did not provide a cogent reason for denying them the benefit of the Probation of Offenders Act — The o India Law Library Docid # 2420024
(370) VIDHAN CHANDRA PANDEY AND ANOTHER Vs. STATE OF U.P. AND ANOTHER[ALLAHABAD HIGH COURT (LUCKNOW BENCH)] 13-11-2024 Evidence Act, 1872 — Sections 107 and 108 — The appellants filed a suit for the declaration of the death of ‘A’, who has been missing for over seven years — The suit was dismissed by the trial court and the appeal was also dismissed — Whether the appellants provided sufficient evidence to presume the death of ‘A’ under Section 108 — The appellants argued that ‘A’ had been missing for more than seven years, justifying a declaration of his death — The court held that the appellants failed to provi India Law Library Docid # 2420025
(371) INDRAJEET SINGH Vs. THE STATE OF MADHYA PRADESH AND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 13-11-2024 Penal Code, 1860 (IPC) — Section 376(2)(n) — The petitioner was charged for allegedly making physical relations with the prosecutrix on the pretext of marriage while being in a relationship with another woman — Whether the charges framed against the petitioner under Section 376(2)(n) of IPC were valid and whether the prosecutrix's consent was obtained under a misconception of fact — The petitioner argued that the prosecutrix was a consenting party, the FIR was bad in law, and there was no eviden India Law Library Docid # 2420181
(372) BUNTI Vs. THE STATE OF MADHYA PRADESH[MADHYA PRADESH HIGH COURT] 13-11-2024 Penal Code, 1860 (IPC) — Section 302 — The appellant was convicted for the murder who was set on fire after being harassed by her in-laws — Dying declaration implicated accused — The reliability of the dying declaration and whether the appellant could have committed the crime given the circumstances — The appellant argued that the dying declaration was not trustworthy, claiming it was influenced by the deceased's family — He also questioned the feasibility of the crime given the locked house and India Law Library Docid # 2420182
(373) TARSEM LAL SAINI Vs. UNION OF INDIA AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 13-11-2024 Arbitration and Conciliation Act, 1996 — Section 11(6) — The applicant was allotted work by the respondents — A dispute arose, and the applicant sought the appointment of an arbitrator as per the arbitration clause in the contract — The main issue was whether the respondents could unilaterally appoint an arbitrator, given the recent Supreme Court judgment in 'Central Organisation for Railway Electrification v. ECI SPIC SMO MCML (JV) A Joint Venture Co.' — The applicant requested the appointment India Law Library Docid # 2420270
(374) KARAMJIT KAUR Vs. GURJEET KAUR AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 13-11-2024 Civil Procedure Code, 1908 (CPC) — Order 6 Rule 17 — Amendment of written statement — High Court allowed a revision petition, overturning the trial court's decision to dismiss an application for amending the reply in a succession case to include liabilities of the deceased — The court held that the amendment was necessary to effectively adjudicate the main issues and avoid multiplicity of litigation, aligning with Supreme Court precedents under Order VI Rule 17 CPC. India Law Library Docid # 2420273
(375) J. PREMAKUMARI Vs. K. THIRUMOORTHY[MADRAS HIGH COURT] 13-11-2024 Suit for Specific Performance — The plaintiff filed a suit for specific performance of a sale agreement — The defendant was set ex-parte due to non-appearance and non-compliance with court orders — The main issue is whether the ex-parte orders against the defendant should be set aside due to extraordinary circumstances like the COVID-19 pandemic — The defendant argued that non-compliance was due to the pandemic and medical reasons, and there was no mala fide intention — The plaintiff contended t India Law Library Docid # 2420392
(376) BHUBANESWAR SARMA Vs. STATE OF ASSAM AND OTHERS[GAUHATI HIGH COURT] 13-11-2024 Assam Ministerial District Establishment Service Rules, 1967 — Rule 7 — Petitioner challenged the selection and appointment of Respondent No. 4 as Revenue Sheristadar arguing that the selection process was flawed and violated rules — Whether the selection committee followed the proper procedures and whether the selection was based on merit or seniority — Petitioner argued that he had higher gradings in his Annual Confidential Reports (ACRs) compared to Das and that the selection committee did no India Law Library Docid # 2420433
(377) MUSSTT. ASIA KHATUN @ MUSSTT. ASIYA KHATOON Vs. UNION OF INDIA AND OTHERS[GAUHATI HIGH COURT] 13-11-2024 Foreigners Act, 1946 — Section 9 — The petitioner was declared a foreigner by the Foreigners' Tribunal for entering India illegally from Bangladesh after 25.03.1971 — She sought a review of the High Court's dismissal of her writ petition challenging this declaration — The main issue was whether the petitioner could justify the delay in filing the review petition and whether there were grounds to review the High Court's previous order — The petitioner argued that her absence before the Tribunal w India Law Library Docid # 2420434
(378) SUBZAR AHMAD RATHER Vs. UNION TERRITORY OF JAMMU & KASHMIR AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT (SRINAGAR BENCH)] 13-11-2024 Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substance Act, 1988 — Section 3 — Petitioner had involved in two FIRs and was found with narcotics — The petitioner challenged the detention order on grounds including non-consideration of bail, vague grounds of detention, and non-provision of relevant material for representation — The detention order was flawed due to non-reflection of bail, vague grounds, and failure to consider the petitioner's representation — The detention was India Law Library Docid # 2420483
(379) DEEPAK GANDOTRA Vs. STATE OF JAMMU AND KASHMIR AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT (JAMMU BENCH)] 13-11-2024 Ranbir Penal Code — Sections 376 and 109 — Rape — Whether the second FIR on the same allegations as the first FIR is maintainable — The second FIR is an abuse of process since the complainant had already denied the rape allegations in her statement under Section 164-A Cr.P.C — The second FIR was registered after the petitioner refused to marry the respondent, despite her earlier denial of the rape allegations — The court found the second FIR to be an abuse of process and quashed it, emphasizing India Law Library Docid # 2420510
(380) SIBGAT SHAH Vs. MARUKH IQBAL[JAMMU AND KASHMIR AND LADAKH HIGH COURT (JAMMU BENCH)] 13-11-2024 Guardian and Wards Act, 1890 — Sections 12 and 25 — The petitioner challenged orders from the Family Court denying him temporary custody of his minor daughter during Eid and her birthday due to a criminal case against him for alleged kidnapping — Whether the Family Court's orders denying temporary custody and regulating visitation rights were justified — The petitioner argued that the Family Court's decisions were contrary to the law and detrimental to the welfare of the minor child — The respon India Law Library Docid # 2420511