(381) SMT. MANORAMA SARKAR AND ANOTHER Vs. SRI SIBARAM PAL AND OTHERS[CALCUTTA HIGH COURT] 13-11-2024 Succession Act, 1925 — Section 63(b) — The appeal was filed by two daughters challenging the probate of their mother's Will, which bequeathed property to one daughter — The Will was executed in 1995, registered in 1995, and the testatrix died in 2001 — The main issues were the delay in re-presenting the plaint, the suspicious circumstances surrounding the Will's execution, and the testatrix's physical and mental fitness — The appellants argued that the Will was executed under suspicious circumst India Law Library Docid # 2420566
(382) CALCUTTA MUNICIPAL CORPORATION Vs. RAM KRISHNA MISTANNA BHANDER AND OTHERS[CALCUTTA HIGH COURT] 13-11-2024 Prevention of Food Adulteration Act, 1954 — Section 16(1)(a)(i) read with Section 7 —Selling of adulterated Dahi (yogurt) — Whether the Dahi sold by the respondents was adulterated and if the procedures under the Prevention of Food Adulteration Act were followed correctly — The Food Inspector followed all legal procedures, and the Dahi was found adulterated by the public analyst — The defense did not challenge the type of milk used — The Food Inspector did not follow proper procedures, and the p India Law Library Docid # 2420567
(383) SUSHIL TAFADAR (DECEASED) AND OTHERS Vs. NATIONAL INSURANCE COMPANY LTD. AND ANOTHER[CALCUTTA HIGH COURT] 13-11-2024 Motor Vehicles Act, 1988 — Section 163A — Necessity of Implicating Charge-Sheeted Parties — When a different vehicle is charge-sheeted in connection with a motor accident than the one initially alleged in the claim petition, the claimant must implicate the charge-sheeted vehicle's owner and insurance company as parties to the claim proceedings — Failure to do so may result in the dismissal of the claim. India Law Library Docid # 2420568
(384) SMT. SHRABANI CHATTERJEE AND ANOTHER Vs. SMT. KRISHNA MAJUMDAR AND ANOTHER[CALCUTTA HIGH COURT] 13-11-2024 Partition Suit — The plaintiffs in a partition suit appealed against the judgment dismissing their suit — They claimed that the property of ‘K’ was amicably partitioned among his five sons, with ‘S’s heirs being the exclusive owners of the disputed property — Whether the notarized family arrangement required compulsory registration and if the partition was valid without including all heirs of ‘K’ — The plaintiffs argued that the family arrangement did not need registration and that the partition India Law Library Docid # 2420565
(385) AMARTHAPUDI KOTESWARA RAO Vs. STATE OF ANDHRA PRADESH[ANDHRA PRADESH HIGH COURT] 13-11-2024 The impugned Judgment in S.C.No.226 of 2018 on the file of Spl. Judge for POCSO offences cum I Additional Sessions Judge, Guntur dated 08.07.2019. Accused preferred present appeal challenging the validity and correctness of the conviction and sentence passed against him in the offences under Section 506 IPC and Section 6 of The Protection of Children from Sexual Offences Act, 2012.[1] India Law Library Docid # 2420868
(386) SRI VOONNA GUPTESWARA RAO Vs. STATE OF ANDHRA PRADESH AND OTHERS[ANDHRA PRADESH HIGH COURT] 13-11-2024 This criminal revision case, under sections 397 and 401 of the CrPC is filed by the petitioner impugning the order dated 03.10.2024 in Crl.M.P.No.5095 of 2024 in S.T.C.No.4999 of 2023 of the learned VII Special Magistrate, Visakhapatnam. India Law Library Docid # 2420869
(387) M. SUBBA RAO Vs. A. CHENCHAMMA[ANDHRA PRADESH HIGH COURT] 13-11-2024 Sri Mannam Venkaiah and Smt.Mannam Tirupathamma were married to each other in and around the year 1945. During their wed lock, they were blessed with a daughter by name Aluri Chenchamma and a son by name Sri Mannam Subba Rao. The marriage of A.Chenchamma was solemnized in and around the year 1968 and she was blessed with a son by name Sri A.Koteswara Rao. India Law Library Docid # 2420870
(388) STATE OF MAHARASHTRA AND OTHERS Vs. HARIBHAU RAJARAM TELGOTE AND OTHERS[BOMBAY HIGH COURT (NAGPUR BENCH)] 13-11-2024 Penal Code, 1860 (IPC) — Sections 302, 323 and 506 — Murder — Death penalty imposed for the murder of four individuals was justified and whether respondent- Dwarkabai was correctly implicated in the crime — The court determined that the prosecution failed to prove respondent’s direct involvement in the assault or that she shared a common intention with the other accused — While the court upheld the convictions of other respondents for murder, it found the case did not fall into the ‘rarest of ra India Law Library Docid # 2421028
(389) NAGARI NIWARA PARISHAD, GOREGAON Vs. MUNICIPAL CORPORATION OF GREATER MUMBAI AND OTHERS[BOMBAY HIGH COURT] 12-11-2024 Mumbai Municipal Corporation Act, 1888 — Section 217(5) — Rateable value of the assessed property — The appellant, a public charitable trust, constructed 6213 tenements on 62 acres of land allotted by the Government of Maharashtra at a concessional rate — The dispute involves the rateable value of the assessed property and the refund of excess property taxes — Whether the appellant loses the right to prosecute the appeal after transferring the assessed property — The appellant argued that the ra India Law Library Docid # 2419576
(390) RADHABAI BALASAHEB SHIRKE SINCE DECEASED, THROUGH HER HEIRS AND L.RS. Vs. KESHAV RAMCHANDRA JADHAV AND OTHERS[BOMBAY HIGH COURT] 12-11-2024 Hindu Women’s Right to Property Act, 1937 — Section 3(2) — Hindu Succession Act, 1956 — The case involves multiple second appeals concerning inheritance rights under Hindu law, specifically whether a daughter could inherit property from her deceased father who died before the Hindu Succession Act, 1956 — The main issue is whether a daughter has any inheritance rights in her father's property if he died before 1956, leaving behind a widow — The petitioners argue that daughters should have inherit India Law Library Docid # 2419577
(391) DEEPAK S. KAVADIYA Vs. ADDITIONAL DIVISIONAL COMMISSIONER, KONKAN DIVISION AND OTHERS[BOMBAY HIGH COURT] 12-11-2024 Maharashtra Rent Control Act, 1999 — Section 24 — Eviction — The petitioner is seeking eviction of the respondent, who allegedly used the licensed premises for commercial purposes instead of the agreed residential use — The main issue is whether the license was granted for residential or commercial purposes, affecting the jurisdiction of the Competent Authority under Section 24 of the Act — The petitioner argues that the premises were licensed for residential use, supported by multiple agreement India Law Library Docid # 2419578
(392) UDAY SHARAD KULKARNI Vs. CLAUDE LILA NARAYAN PARULEKAR[BOMBAY HIGH COURT] 12-11-2024 Succession Act, 1925 — Section 300 — Probate and Administration Act, 1889 — Section 2 — The case involves the estate of ‘C’, who died intestate — ‘U’ filed for Letters of Administration, claiming to be a relative — Jeev Raksha Animal Welfare Trust contested the petition, claiming the deceased left a will bequeathing her property to the trust — The primary issue is whether the Bombay High Court has jurisdiction to grant Letters of Administration, given that the deceased's fixed place of abode and India Law Library Docid # 2419592
(393) SHAILESH RANKA AND OTHERS Vs. WINDSOR MACHINES LIMITED AND ANOTHER[BOMBAY HIGH COURT] 12-11-2024 Arbitration and Conciliation Act, 1996 — Section 11(6) — The petitioners seek a review of an order dismissing their application for the appointment of an arbitrator — The dismissal was based on the incorrect assumption that R-Cube Energy was a partnership firm, whereas it is a private limited company — The main issues are whether the review petition is maintainable and whether there is an error apparent on the face of the record in the original order — The petitioners argue that the court has th India Law Library Docid # 2419593
(394) SHAILESH MAHADEO LANJEWAR Vs. STATE OF MAHARASHTRA AND OTHERS[BOMBAY HIGH COURT (NAGPUR BENCH)] 12-11-2024 Penal Code, 1860 (IPC) — Sections 366, 376(2)(f) and 376(2)(n) — The appellant was convicted for kidnapping and raping his mother-in-law — The incidents occurred on December 21, 2018, and were reported the next day — The main issue was whether the sexual intercourse was consensual or forced — The appellant argued that the sexual intercourse was consensual and that he was falsely implicated due to marital discord with his wife — The prosecution argued that the appellant forcibly raped the prosecu India Law Library Docid # 2419603
(395) ORIENTAL INSURANCE CO. LTD. Vs. JEEJA MOHAN AND OTHERS[KERALA HIGH COURT] 12-11-2024 Motor Accident Claims — Death in motor accident — Breach of policy conditions — The legal heirs of the deceased filed a claim for compensation — The main issue is whether the insurer can recover the compensation amount from the insured/owner of the offending vehicle due to a breach of policy conditions — The insurer argued that there was a breach of policy conditions as the vehicle was overloaded, exceeding its permitted seating capacity — The respondents contended that the deceased was travelin India Law Library Docid # 2419653
(396) PARSHURAM SAH Vs. THE STATE OF BIHAR AND OTHERS[PATNA HIGH COURT] 12-11-2024 Service Law — Regularization — Sanctioned posts — The petitioner worked as a Chaukidar on a daily wage basis for over 30 years — His request for regularization was rejected due to limited sanctioned posts — Whether the petitioner is entitled to regularization of his services despite the limited number of sanctioned posts — The petitioner argued that he had served continuously for over 30 years and should be regularized as per the 2006 resolution, which mandates regularization for those who compl India Law Library Docid # 2419889
(397) M/S. NESH INDIA INFRASTRUCTURE PRIVATE LTD. Vs. SAVITA SAH AND OTHERS[PATNA HIGH COURT] 12-11-2024 Real Estate (Regulation and Development) Act, 2016 — Section 31 — Delay in possession of flats and compensation — Whether the RERA has jurisdiction over disputes between landowners and developers, and if the arbitration clause in the Development Agreement excludes RERA's jurisdiction — The appellant argued that landowners cannot file complaints under Section 31 of the Act, and disputes should be resolved through arbitration as per the Development Agreement — The respondents contended that they a India Law Library Docid # 2419871
(398) AMRENDRA KUMAR SINGH Vs. BIHAR STATE BAR COUNCIL AND OTHERS[PATNA HIGH COURT] 12-11-2024 Model / Uniform Rules — Rule 17 — The petitioner was elected as the General Secretary of the District Bar Association, Chapra, for the term 2024-26 — Complaints were made against him regarding financial irregularities — The main issue is the seizure of the petitioner's financial powers by the Bihar State Bar Council and the issuance of a second show cause notice — The petitioner argues that there are no specific allegations of defalcation or misappropriation against him and that the actions take India Law Library Docid # 2419872
(399) RAMAWATI DEVI Vs. STATE OF BIHAR AND OTHERS[PATNA HIGH COURT] 12-11-2024 Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — Section 14A(1) — Caste-based harassment — The case involves where the respondents allegedly threatened, abused, and assaulted the appellant and destroyed her property — The incident is claimed to be caste-based harassment — The main issue is whether the respondents committed atrocities under the Act, 1989 — The appellant argued that the trial court wrongly acquitted the respondents by dismissing the testimonies of witne India Law Library Docid # 2419881
(400) LAKSHAY MEHRA Vs. STATE OF NCT OF DELHI AND ANOTHER[DELHI HIGH COURT] 12-11-2024 Criminal Procedure Code, 1973 (CrPC) — Section 195 — Penal Code, 1860 (IPC) — Sections 186, 353 read with 34 — Delhi Excise Act, 2009 — Section 33 — The case involves a raid on a restaurant, "DA Code," where non-duty paid alcohol was found — The petitioner allegedly obstructed officials during the raid — The main issue is whether the FIR and subsequent charges against the petitioner should be quashed due to procedural irregularities, specifically the lack of a written complaint required under Se India Law Library Docid # 2419984