(381) RANI GUPTA AND OTHERS Vs. STATE OF BIHAR AND OTHERS[PATNA HIGH COURT] 12-08-2024 Penal Code, 1860 (IPC) — Sections 498A and 342 — Dowry Prohibition Act, 1961 — Section 4 — The case involves allegations of dowry demands and ill-treatment by the in-laws of the complainant — The incidents allegedly occurred after 15 years of marriage — Whether the petitioners are guilty of offences alleged by complainant — The petitioners argued that the trial court wrongly convicted without considering contradictions in witness statements and the suspicious timing of the dowry demands — The S India Law Library Docid # 2416702
(382) SMT. MANGLESH SINGH Vs. RAJKUMAR SINGH[MADHYA PRADESH HIGH COURT] 12-08-2024 Hindu Marriage Act, 1955 — Section 13(a)(c) — The husband filed for divorce on grounds of cruelty, alleging the wife falsely accused him of an illicit relationship with ‘S’ — Whether ‘S’ should be made a party to the divorce proceedings — The wife argued that ‘S’ is a necessary party for proper adjudication — The husband contended that the case could be decided without involving ‘S’ — The court dismissed the wife's petition to include ‘S’ as a party — The court found that the decree of divorce w India Law Library Docid # 2416703
(383) ASHOK LALWANI Vs. STATE BANK OF INDIA[MADHYA PRADESH HIGH COURT] 12-08-2024 Civil Procedure Code, 1908 (CPC) — Order 41 Rule 5 — Stay by Appellate court — The petitioner challenged the Executing Court's order rejecting his claim for future interest on an unpaid amount from the State Bank of India — Whether the petitioner is entitled to interest on the decretal amount for the period from 11.11.2018 to 13.12.2021 — The petitioner argued that due to an interim order, he was deprived of withdrawing the decretal amount and should be compensated with interest — The respondent India Law Library Docid # 2416704
(384) BALWINDER KUMAR Vs. PUNJAB NATIONAL BANK[HIMACHAL PRADESH HIGH COURT] 12-08-2024 Negotiable Instruments Act, 1881 — Sections 118, 138 and 139 — The petitioner obtained a loan from PNB and issued a cheque that was dishonored due to insufficient funds — The bank filed a complaint under Section 138 of the Act — Whether the cheque was issued in discharge of a legal liability and whether the petitioner had a valid defence — The petitioner argued that the cheque was issued as a security and that he had repaid a substantial amount of the loan — The respondent (bank) argued that the India Law Library Docid # 2416705
(385) JAGGU Vs. STATE OF H.P.[HIMACHAL PRADESH HIGH COURT] 12-08-2024 Penal Code, 1860 (IPC) — Section 307 — Appellant assaulted the informant with a Darat, causing a dangerous head injury — Whether the conviction under Section 307 IPC was justified despite contradictory witness statements — Petitioner argues that the trial court failed to appreciate evidence properly, and witnesses made contradictory statements — The trial court's judgment was supported by evidence, and no interference was required — The court found the testimonies of witnesses consistent and cor India Law Library Docid # 2416706
(386) SATISH THAKUR Vs. STATE OF H.P. AND OTHERS[HIMACHAL PRADESH HIGH COURT] 12-08-2024 Penal Code, 1860 (IPC) — Sections 420, 467, 468, and 471 read with 120B — The petitioner, a retired District Food and Safety Officer, sought to quash an FIR from 2013 alleging forgery and conspiracy related to his B.Sc. degree certificates — Whether the second FIR was permissible and if the police could conduct a fresh investigation based on new material — Petitioner argue that the second FIR was impermissible as the allegations were the same as in the first FIR from 1997, which had been cancele India Law Library Docid # 2416707
(387) TOSCA MASTER Vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 3(1)(1), (INT.TAX), NEW DELHI[DELHI HIGH COURT] 09-08-2024 Income Tax Act, 1961 — Sections 148A(b) and 148A(d) — Petitioner, a foreign fund, received remittances in India for subscribing to securities but did not earn any taxable income in India for AY 2019-20 — The validity of the notice and order issued under Sections 148A(b) and 148A(d) of the Income Tax Act, alleging unexplained income — Petitioner argues that no income was earned in India; errors in the notice; investment in shares is a capital account transaction, not income — Respondent claims la India Law Library Docid # 2416638
(388) KIRTI GUPTA Vs. VINAY KUMAR AGGARWAL AND OTHERS (NATIONAL INSURNACE CO LTD)[DELHI HIGH COURT] 09-08-2024 Motor Accident Claims — Contributory negligence — Appellant and her son were involved in an accident on 18.12.2012, leading to multiple injuries — The MACT awarded compensation but deducted 35% for contributory negligence — The main issue was the quantum of compensation and the contributory negligence attributed to the appellant — The appellant argued against the contributory negligence and claimed the compensation was insufficient — The respondents supported the Tribunal's decision, stating the India Law Library Docid # 2416639
(389) SMRITI BHATIA Vs. MUNICIPAL CORPORATION OF DELHI AND OTHERS[DELHI HIGH COURT] 09-08-2024 Property Law — Unauthorized construction — The petitioner filed a petition against the Municipal Corporation of Delhi (MCD) regarding unauthorized construction on a 7.5-acre land in Rajokri, New Delhi — The main issue is the unauthorized construction on the land despite a demolition order and work-stop notice issued by the MCD — The petitioner argued that the MCD failed to take action against the unauthorized construction, which continued unabated — The MCD claimed efforts were made to stop the India Law Library Docid # 2416640
(390) SUNDARI GAUTAM Vs. STATE OF NCT OF DELHI[DELHI HIGH COURT] 09-08-2024 Penal Code, 1860 (IPC) — Section 376 — Protection of Children from Sexual Offences Act, 2012 — Section 6 — The petitioner challenges the framing of charges under Section 6 of the POCSO Act based on an incident from 2018, with the FIR registered four years later — The main issues include the delay in FIR registration, lack of sexual intent, and whether a woman can be charged under Section 6 of the POCSO Act — The petitioner argues the delay in FIR registration, absence of sexual intent, and that India Law Library Docid # 2416641
(391) DR. DILIP RAMBHAU SHENDE Vs. AIIMS AND OTHERS[DELHI HIGH COURT] 09-08-2024 Service Law — Seniority — The petitioner challenged the appointment of Dr. ‘L’ as the Head of Department (HoD) of Anesthesiology, Pain Medicine, and Critical Care at AIIMS, New Delhi, citing seniority issues — Whether the appointment of Dr. ‘L’ as HoD was valid despite the petitioner's claim of seniority — The petitioner argued that he was senior to Dr. ‘L’ and had been performing duties in the department since 1991, making him the rightful candidate for the HoD position — AIIMS contended that t India Law Library Docid # 2416642
(392) MR. MAHESH K. MEHTA AND OTHERS Vs. THE BHARATIYA FRIEND’S CO-OPERATIVE HOUSING SOCIETY LTD AND OTHERS[BOMBAY HIGH COURT] 09-08-2024 Housing Society Laws — Petitioner, is challenging the actions of the Respondent-Housing Society Ltd. for not allowing him to receive paying guests in his flat —The primary issue is whether the Co-operative Housing Society's actions are justified and if the writ petition against the society is maintainable — The petitioner argues that his rights are being interfered with by the society and seeks to recall or modify the court's previous judgment — The respondents argue that the previous order has India Law Library Docid # 2416643
(393) JAYESH DINESH KADAM AND ANR. Vs. ANDREW DAVID FERNANDES THROUGH POA, BALKRISHNA ASHOK SHELAR AND OTHERS[BOMBAY HIGH COURT] 09-08-2024 Specific Relief Act, 1963 — Section 34 and Article 58 —Transfer of Property Act, 1882 — Section 3 — The case involves a dispute over the legality of two sale deeds from 1969 and 2008 concerning a property originally owned by ‘D’ — The plaintiff claims to have become aware of these deeds only in 2022 — The main issue is whether the sale deeds should be declared illegal, null, and void, and whether the suit is barred by the law of limitation — The petitioner argues that the plaintiff's suit is bar India Law Library Docid # 2416644
(394) KAIRAV ANIL TRIVEDI Vs. INSOLVENCY & BANKRUPTCY BOARD OF INDIA (IBBI) AND OTHERS[BOMBAY HIGH COURT] 09-08-2024 Insolvency and Bankruptcy Code, 2016 — Section 219 — Insolvency and Bankruptcy Board of India (Inspection and Investigation) Regulations, 2017 — Regulations 11 and 12 — The petitioner challenged show cause notices issued by the Insolvency & Bankruptcy Board of India (IBBI) for violations under the Insolvency and Bankruptcy Code, 2016 — The validity of the show cause notices and the suspension of the petitioner's Authorization for Assignment (AFA) — The petitioner argued that the show cause noti India Law Library Docid # 2416645
(395) BHAVESH P. BHINDE Vs. THE STATE OF MAHARASHTRA[BOMBAY HIGH COURT] 09-08-2024 Penal Code, 1860 (IPC) — Sections 304, 337, 338, 427 read with 34 — Legality of the arrest and detention — On May 13, 2024, a thunderstorm in Mumbai caused a hoarding structure to collapse, resulting in 16 deaths and 64 injuries — The hoarding was erected by Ego Media Pvt. Ltd. without proper permissions — The legality of the arrest and detention of Petitioner director of abovesaid company and whether the arrest followed due process — Petitioner argues that the arrest was illegal as it did not India Law Library Docid # 2416646
(396) BRIHAN MUMBAI ELECTRIC SUPPLY AND TRANSPORT UNDERTAKING Vs. KISHOR GULAB SALVE[BOMBAY HIGH COURT] 09-08-2024 Rights of Persons with Disabilities Act, 2016 — Disability Certificate — The respondent, a bus conductor, was injured and given a clerical job due to disability — Later, he was accused of faking his disability and dismissed for unauthorized absence — Whether the respondent's dismissal was justified and if the disability certificate was valid — The petitioner argued that the respondent faked his disability and was absent without leave — The respondent claimed victimization and discrimination, ci India Law Library Docid # 2416647
(397) VISHAL TRIPATHI Vs. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME, LKO. AND OTHERS[ALLAHABAD HIGH COURT (LUCKNOW BENCH)] 09-08-2024 Penal Code, 1860 (IPC) — Sections 147, 323, 325, 427, 452 and 354-B — Application for re-investigation — Appellant and others were accused of assaulting ‘P’ and his family on 23.07.2023 — The FIR was lodged on 24.07.2023, and medical examinations confirmed injuries — The main issue was whether the Trial Court's rejection of the application for re-investigation/further investigation was valid — The petitioner argued that the Magistrate has the power to order re-investigation/further investigatio India Law Library Docid # 2416648
(398) ASAD ALI @ MUNNA AND OTHERS Vs. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER[ALLAHABAD HIGH COURT (LUCKNOW BENCH)] 09-08-2024 Criminal Procedure Code, 1973 (CrPC) — Section 319 — Summoning of additional accused — Penal Code, 1860 (IPC) — Sections 147, 148, 149 and 302 — The case involves an FIR lodged on 14.08.2018, where the deceased ‘H’ was assaulted and succumbed to a gunshot injury — The main issue is whether the trial court was correct in summoning additional accused under Section 319 CrPC based on the evidence presented — The petitioners argue against the trial court's order summoning them to face trial, claiming India Law Library Docid # 2416649
(399) NPG RICE MILL PRIVATE LTD. AND ANOTHER Vs. STATE OF WEST BENGAL AND OTHERS[CALCUTTA HIGH COURT] 09-08-2024 Essential Commodities Act 1955 — Section 10 — Petitioner company was de-empanelled for the Kharif Marketing Season (KMS) 2023-2024 due to the arrest of one of its directors by the Enforcement Directorate —Whether the de-empanelment of the rice mill was justified and if the company can be held liable for the director's actions — Petitioner argues that the company should not be penalized for the director's arrest — The de-empanelment affects over 500 employees and the company is willing to provide India Law Library Docid # 2416650
(400) SYED ALI KHAN Vs. STATE OF WEST BENGAL[CALCUTTA HIGH COURT] 09-08-2024 Penal Code, 1860 (IPC) — Sections 323 and 354 — Outrage a woman's modesty — The main issues are the correctness of the conviction and the alleged miscarriage of justice due to improper appreciation of evidence and unexplained delay in lodging the FIR — The petitioner argued that the trial and appellate courts failed to appreciate evidence correctly, ignored contradictions in witness testimonies, and did not consider the lack of injury found by the doctor — The State argued that revisional jurisd India Law Library Docid # 2416651