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(41) KAILASH HADA Vs. THE STATE OF MADHYA PRADESH AND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 06-12-2024
MP Civil Service (Classification, Control and Appeal) Rules, 1966 — Rule 14 — The petitioner, a Gram Rojgar Sahayak appointed on contract, was accused of demanding bribes from beneficiaries for releasing Pradhan Mantri Awas Yojna instalments — A show cause notice was issued after an audio recording surfaced — The petitioner denied allegations, citing witness statements — His services were terminated following an inquiry under Clause 15 of appointment rules — Whether termination of the petitioner
India Law Library Docid # 2420815

(42) PAWAN KUMAR DOOKIA Vs. UNION OF INDIA AND OTHERS[MADHYA PRADESH HIGH COURT] 06-12-2024
Coal Indian Executives Conduct, Discipline and Appeal Rules, 2021 — Rule 30 — The petitioner filed a complaint against respondent No.5, alleging misuse of position for securing employment for his son without prior sanction — The respondent authorities dismissed the complaint as unsupported and issued a charge sheet against the petitioner for misconduct — Was the complaint filed by the petitioner valid and justified? — Petitioner states that the complaint was factually correct, as only post-facto
India Law Library Docid # 2420816

(43) STATE OF MAHARASHTRA Vs. VISHAL PRAKASH SHINDE AND OTHERS[BOMBAY HIGH COURT] 06-12-2024
Penal Code, 1860 (IPC) — Sections 498A, 323, 504 read with Section 34 — Cruelty — The central legal issue in this case is whether the acquittal of the respondents was correct — The State of Maharashtra appealed the trial court's acquittal, arguing that the complainant, the wife of Respondent No.1, was subjected to cruelty and harassment — The trial court, however, found that the prosecution failed to prove the charges beyond a reasonable doubt — Key issues included a lack of specific details in
India Law Library Docid # 2421002

(44) RAHUL MADAN SHARMA Vs. STATE OF MAHARASHTRA[BOMBAY HIGH COURT] 06-12-2024
Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) — Section 8(c) read with 27 — Whether the proceedings against the petitioner should be quashed — The court considered whether the prosecution had sufficient evidence to proceed with the charges, given that the police claimed to have witnessed the petitioner smoking Ganja, but destroyed the alleged evidence at the scene — The court found that the prosecution's case lacked any incriminating material, as no substance was seized, and th
India Law Library Docid # 2421003

(45) SIVANKUTTY AND OTHERS Vs. P. K PATRA[DELHI HIGH COURT] 05-12-2024
Criminal Procedure Code, 1973 (CrPC) — Sections 452 and 468 — Penal Code, 1860 (IPC) — Sections 323, 324, 341, 452 and 506 — The petitioner challenged the trial court's decision to proceed under various IPC sections, claiming the complaint was time-barred under Section 468 CrPC — The court, referring to Supreme Court judgments, held that the limitation period starts from the date of the first offense and applies to all
India Law Library Docid # 2420672

(46) AKSHAY TANNA Vs. JOHN DOE AND OTHERS[DELHI HIGH COURT] 05-12-2024
Infringement of the plaintiff's personality rights and goodwill — Unauthorized impersonation of the plaintiff by the defendants, coupled with the false representation of an association with the plaintiff's professional entity constitutes a clear infringement of the plaintiff's personality rights and goodwill — The court held that such actions deceive the public and cause significant reputational harm, justifying the grant of a permanent injunction.
India Law Library Docid # 2420673

(47) JONNALAGADDA SREERAMA KRISHNA MURTHY AND OTHERS Vs. GEDALA RAJESWARI[ANDHRA PRADESH HIGH COURT] 05-12-2024
Non-Joining of Necessary Parties — The court emphasized that while the non-joinder of a party might sometimes lead to the dismissal of a suit, it is not an absolute rule — The court must consider whether the non-joinder affects the substantive rights of the parties involved — This suggests that courts will exercise discretion when deciding whether to dismiss a suit due to non-joinder of parties.
India Law Library Docid # 2420720

(48) YADAVALLI KALYAN AND OTHERS Vs. STATE OF ANDHRA PRADESH[ANDHRA PRADESH HIGH COURT] 05-12-2024
Narcotic Drugs and Psychotropic Substances Act, 1985 — Section 50 — Recovery of 12 Kgs of Ganja — Bail Conditions Compliance — The court established that failure to comply with bail conditions, particularly those related to appearing before investigative authorities, can be a valid ground for cancellation of bail — Accused persons must strictly adhere to the conditions imposed upon their bail grant — Non-compliance can lead to legal consequences including bail
India Law Library Docid # 2420709

(49) VYKUNTA PADMA SREE Vs. JETTI LAKSHMI AND OTHERS[ANDHRA PRADESH HIGH COURT] 05-12-2024
The secrecy of the ballot can be overridden by the need to ensure election purity if there is sufficient prima facie evidence of irregularities.

A. Andhra Pradesh Panchayat Raj Act, 1994 — Section 233 — A.P.Panchayat Raj (Election Tribunals in respect of Gram Panchayats, Mandal Praja Parishads and Zilla Praja Parishads) Rules, 1995 — Rules 1 to 7 — Balancing Secrecy of Ballot and Election Purity — The court held that while the secrecy of the ballot is a sacrosanct pri
India Law Library Docid # 2420710

(50) M/S OM ASSOCIATES Vs. THE STATE OF M.P. AND OTHERS[MADHYA PRADESH HIGH COURT (GWALIOR BENCH)] 05-12-2024
M.P. Minor Mineral, Rules, 1996 — Rule 60(5) — In a case involving the cancellation of a sand quarry lease in 2019 and a subsequent 2021 amendment requiring a 10% deposit for appeals, the court ruled that the petitioner, whose right to appeal vested before the amendment, was not required to deposit 10% — The court distinguished between procedural and substantive rights, finding the deposit to be substantive and thus not applicable to a pre-existing right to appeal — It set aside the deposit requ
India Law Library Docid # 2420817

(51) SRI VINAY RAJASHEKHARAPPA KULKARNI Vs. CENTRAL BUREAU OF INVESTIGATION[KARNATAKA HIGH COURT] 04-12-2024
Criminal Procedure Code, 1973 (CrPC) — Section 164 — Penal Code, 1860 (IPC) — Sections 143, 147, 148, 120B, 302, 201 r/w Section 149 — The case involves multiple criminal petitions challenging an order granting pardon to an accused who turned approver in a murder case — The main issues are whether a second application for pardon is maintainable, whether recording a statement under Section 164 Cr.P.C. before granting pardon is legal, and whether co-accused can challenge the pardon — The petitione
India Law Library Docid # 2420521

(52) LAKSHMAN REDDY Vs. SMT. G DANAMMA[KARNATAKA HIGH COURT] 04-12-2024
Partition Suit — Ancestral Property — The plaintiffs, daughters of ‘G' sought partition and separate possession of their 1/9th share in the ancestral property — They claimed the partition deed dated 20-06-2003 was invalid as they were excluded — The main issues were whether the suit properties were ancestral, if the plaintiffs were entitled to a share, and the validity of the 2003 partition deed — The plaintiffs argued that the properties were ancestral and they were entitled to a share — They c
India Law Library Docid # 2420532

(53) SADHAN DALUI AND OTHERS Vs. UNION OF INDIA[CALCUTTA HIGH COURT] 04-12-2024
Railways Act, 1989 — Section 124(A) — ‘K’ died falling off a local train on 17.06.2001 — His son filed a compensation claim — The Railway Claims Tribunal dismissed the claim, citing lack of evidence and proper statement of circumstances — Was deceased a bona fide passenger — The appellants relied on railway tickets, police reports, and post-mortem reports to establish deceased’s status as a passenger and the circumstances of his death — The railways contested negligence and the claimants' entit
India Law Library Docid # 2420648

(54) SURAJ PARKASH Vs. STATE (NCT OF DELHI) AND ANOTHER[DELHI HIGH COURT] 04-12-2024
Criminal Procedure Code, 1973 (CrPC) — Section 482 — Penal Code, 1860 (IPC) — Section 376 — The petitioner and prosecutrix had a consensual relationship with discussions of marriage, but the families disagreed due to caste differences — Despite this, the petitioner remained willing to marry — The prosecutrix later filed an FIR alleging sexual assault, claiming the relationship was based on a false promise of marriage — Whether the FIR should be quashed for lack of a prima facie case,
India Law Library Docid # 2420674

(55) PARVEZ AHMED AND OTHERS Vs. DIRECTORATE OF ENFORCEMENT[DELHI HIGH COURT] 04-12-2024
Unlawful Activities (Prevention) Act, 1967 — Sections 17, 18, 18B, 20, 22B, 38 and 39 — Prevention of Money Laundering Act, 2002 — Sections 2(1)(y) and 50 — Interpretation of "Proceeds of Crime" under PMLA — Strict Construction — The court held that the term "proceeds of crime" under Section 2(1)(u) of PMLA must be construed strictly. Simply collecting funds for a future criminal activity does not constitute proceeds of crime under PMLA.
India Law Library Docid # 2420675

(56) T.MOHANRANGAM AND ANOTHER Vs. T LAKSHMINARAYANA AND OTHERS[ANDHRA PRADESH HIGH COURT] 04-12-2024
Partition Suit — Partition of Joint Family Properties — Joint family properties are subject to partition among the coparceners — The court can order partition either in kind or by sale and distribution of the proceeds.
India Law Library Docid # 2420711

(57) KILLAKA KRUPA RAO Vs. STATE OF AP.[ANDHRA PRADESH HIGH COURT] 04-12-2024
Penal Code, 1860 (IPC) — Section 302 — Quarrel Preceding Homicide and Intent — The court held that even if a homicide follows a quarrel, the accused may still be held liable for murder if there is evidence to suggest they had the intent to kill or cause grievous harm — The mere presence of a quarrel does not automatically negate the possibility of premeditation or intent.
India Law Library Docid # 2420712

(58) OSSE SREENIVASA RAO AND OTHERS Vs. STATE OF ANDHRA PRADESH[ANDHRA PRADESH HIGH COURT] 04-12-2024
Service Law — Disciplinary proceedings — Procedural irregularity — Proposed punishment in a charge memo during disciplinary proceedings is a procedural irregularity that vitiates the entire process — It has also clarified that the determination of punishment is exclusively the domain of the disciplinary authority — Additionally, the court has demonstrated its willingness to exercise inherent powers to provide relief to parties adversely affected by voided proceedings due to such irregularities.
India Law Library Docid # 2420713

(59) PRAMOD KUMAR Vs. GOVT. OF INDIA AND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 04-12-2024
Madhya Pradesh Motor Vehicles Rules, 1994 — Multiple writ petitions were filed following a tragic school bus accident in Indore, resulting in the deaths of four students and the driver — The petitions sought various safety measures and compensations —The main issues were the safety of school buses, compensation for victims, and prosecution of responsible parties —Petitioners argued for stricter safety regulations, compensation for victims, and accountability of school authorities — Respondents h
India Law Library Docid # 2420818

(60) USHABAI BABASAHEB NANNAWARE AND OTHERS Vs. STATE OF MAHARASHTRA AND OTHERS[BOMBAY HIGH COURT (AURANGABAD BENCH)] 04-12-2024
Penal Code, 1860 (IPC) — Sections 420, 447, 341, 504 and 506 — Maharashtra Money Lending (Regulation) Act, 2014 — Section 39 — Cheating and Illegal Money lending — Quashing of Criminal Proceedings — The applicants are accused of offences including cheating, illegal money lending, criminal trespass and wrongful restraint — The court found that the dispute was primarily a civil matter, not criminal — The court determined that the ingredients for cheating were not met because the sale transactions
India Law Library Docid # 2421033