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(401) SACHIN KUMAR AGGARWAL Vs. STATE NCT OF DELHI AND OTHERS[DELHI HIGH COURT] 12-11-2024
Penal Code, 1860 (IPC) — Sections 420 and 120B — Cheating — The petitioner filed an FIR for cheating related to a property sale — He paid the full consideration, but the property was forcefully taken over by the accused, who claimed ownership — Whether the petitioner should be allowed to lead oral arguments at the stage of arguments on charge — Respondent argued that the victim's counsel should only assist the Public Prosecutor and not lead arguments, based on previous Supreme Court rulings — Th
India Law Library Docid # 2419985

(402) KABIR PAHARIA Vs. NATIONAL MEDICAL COMMISSION AND OTHERS[DELHI HIGH COURT] 12-11-2024
Rights of Persons with Disabilities Act, 2016 — Sections 2(r) and 3(3) — Appellant an SC-PwD candidate with a 42% disability, secured 542 out of 720 marks in NEET (UG) 2024 — Despite his high score, his disability certificate from VMMC-SJ Hospital deemed him ineligible to pursue medical courses due to "Bilateral upper limb involvement" — The main issues were the validity of the disability assessment and whether Kabir could pursue an MBBS course with his disability — Petitioner argued that the as
India Law Library Docid # 2419986

(403) KHALID JAHANGIR QAZI Vs. UNION OF INDIA THROUGH SECRETARY AND OTHERS[DELHI HIGH COURT] 12-11-2024
Citizenship Act, 1955 — 7D(e) — Foreigners Act, 1946 — Section 3 — Petitioner a Overseas Citizen of India (OCI) and U.S. national, had his OCI card cancelled and was blacklisted from entering India due to alleged anti-India activities — The legality of the cancellation of the OCI card and the blacklisting order, and whether these actions violated principles of natural justice and due process — The cancellation and blacklisting were arbitrary, lacked specific allegations, and violated natural jus
India Law Library Docid # 2419987

(404) COMVIVA TECHNOLOGIES LIMITED Vs. ASSISTANT CONTROLLER OF PATENTS & DESIGN[DELHI HIGH COURT] 12-11-2024
Patents Act, 1970 — Sections 3(k), 15 and 117A — Appellant filed a patent application for "Methods and Devices for Authentication of an Electronic Payment Card using Electronic Token," which was rejected by the Assistant Controller of Patents and Designs — The main issue was whether the invention was patentable under Section 3(k) of the Patents Act, which excludes business methods and computer programs per se from being patented — The petitioner argued that the invention demonstrated a technical
India Law Library Docid # 2419988

(405) SACHIN SHARMA Vs. STATE (GOVT. OF NCT OF DELHI) AND OTHERS[DELHI HIGH COURT] 12-11-2024
Penal Code, 1860 (IPC) — Section 370 — Juvenile Justice (Care And Protection of Children) Act, 2000 — Sections 23 and 26 — Quashing of FIR — The FIR alleges that the petitioner employed a minor as a domestic help without proper payment and facilitated her employment through a placement agency — Whether the FIR and subsequent charges against the petitioner should be quashed based on the arguments presented — The petitioner claims the FIR was filed to extort money and that the minor was well-treat
India Law Library Docid # 2419989

(406) M/S KEWAL DAIRY Vs. STATE OF U.P. AND ANOTHER[ALLAHABAD HIGH COURT] 12-11-2024
Food Safety and Standard Act, 2006 — Sections 51 and 59(i) — Milk sample collected on 24.11.2017 was found sub-standard and unsafe — The complaint was filed on 04.07.2019 — Whether the complaint is barred by limitation under Section 468 Cr.P.C. and if the Commissioner of Food Safety's approval for prosecution was valid — The complaint is time-barred as it was filed more than one year after the sample collection — The Commissioner did not record reasons for extending the limitation period — The F
India Law Library Docid # 2420026

(407) NATIONAL HIGHWAYS AUTHORITY OF INDIA Vs. DWARIKESH SUGAR INDUSTRIES LIMITED AND ANOTHER[ALLAHABAD HIGH COURT] 12-11-2024
Arbitration and Conciliation Act, 1996 — Section 34 — The NHAI appealed against an order remanding a compensation matter to the arbitrator for fresh consideration — Whether the lower court had the jurisdiction to remand the matter to the arbitrator under Section 34 — NHAI argued that the lower court lacked the power to remand the matter, citing the Supreme Court judgment in Kinnari Mullick v. Ghanshyam Das Damani — The respondent contended that the prerequisites for remand were satisfied, relyin
India Law Library Docid # 2420027

(408) JAIGURUDEV DHARM PRACHARAK SANSTHA AND OTHERS Vs. PANKAJ YADAV AND OTHERS[ALLAHABAD HIGH COURT] 12-11-2024
Civil Procedure Code, 1908 (CPC) — Order 40 Rule 1 — Appointment of receivers — The case involves disputes over the management and properties of 'Jaigurudev Dharma Pracharak Sanstha' — The appellants challenged the appointment of a receiver to manage the society's properties and funds — Whether a receiver should be appointed to manage the properties and funds of the society — The appellants argued that respondent usurped the society without authority and mismanaged its properties and funds, nece
India Law Library Docid # 2420028

(409) KAMLESH KUMAR PARMAR Vs. STATE OF H.P. AND OTHERS[HIMACHAL PRADESH HIGH COURT] 12-11-2024
Leave encashment — Recovery of excess amount — The petitioner was erroneously paid leave encashment for 300 days instead of 139 days after his retirement — The respondents initiated recovery proceedings to reclaim the excess amount — Whether the petitioner was entitled to leave encashment for 300 days or only 139 days, and if the recovery of the excess amount was justified — The petitioner argued that he was entitled to the leave encashment based on his retrospective regularization and that the
India Law Library Docid # 2420083

(410) VIJAY KUMAR JUNEJA Vs. STATE OF HIMACHAL PRADESH[HIMACHAL PRADESH HIGH COURT] 12-11-2024
Cryptocurrency Fraud Scheme — The petitioner is accused of being involved in a cryptocurrency fraud scheme, resulting in a collective loss of Rs. 18 crores — The scheme involved promising high returns on investments in virtual currency — Whether the petitioner should be granted anticipatory bail given the serious nature of the economic offences and his alleged involvement in the fraud — The petitioner claims innocence, arguing that he did not lure anyone into the scheme and was unaware of the fr
India Law Library Docid # 2420084

(411) SMT. KALABAI Vs. WOMEN AND CHILD DEVELOPMENT DEPARTMENT AND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 12-11-2024
Service Law — Post of Anganwadi Worker — Removal — The petitioner challenged the rejection of her application for the post of Anganwadi Assistant due to the non-submission of her Class V mark sheet with her application — Whether the petitioner's Class V mark sheet, submitted after the provisional merit list, should be considered — The petitioner argued that her Class V mark sheet was submitted with her objection before the final merit list and should be considered — The respondents contended tha
India Law Library Docid # 2420183

(412) SHABBIR BHAI PALANPURWALA AND OTHERS Vs. THE STATE OF MADHYA PRADESH AND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 12-11-2024
Penal Code, 1860 (IPC) — Sections 420, 403, 406, 467, 468, 471, 34, 120(b), 506, 323 and 294 — The case involves a property dispute where the petitioners allegedly sold a property using a forged letter from the Waqf Board — The complainants paid a significant amount for the property, believing the sale was legitimate — Whether the dispute is of a civil nature or has criminal elements, and if the petitioners misappropriated funds — The petitioners claim they acted in good faith on behalf of Mazar
India Law Library Docid # 2420184

(413) HIRALAL AHIRWAR AND OTHERS Vs. THE STATE OF MADHYA PRADESH AND ANOTHER[MADHYA PRADESH HIGH COURT] 12-11-2024
Penal Code, 1860 (IPC) — Section 306 — Suicide — Abetment to suicide — Deceased who allegedly felt humiliated at a family event due to his son's marriage to a girl from a different community — The main issue is whether the trial court was correct in framing charges under Section 306 against the applicants — The applicants argued that there was no evidence of abetment, no suicide note, and no direct link between their actions and the suicide — The State argued that the trial court's role at the c
India Law Library Docid # 2420185

(414) OM SHANKAR SONI Vs. THE STATE OF MADHYA PRADESH AND OTHERS[MADHYA PRADESH HIGH COURT (GWALIOR BENCH)] 12-11-2024
Criminal Law — Double jeopardy — The petitioner is challenging a charge sheet arguing it is illegal and without jurisdiction — Whether the departmental enquiry can proceed simultaneously with a criminal trial on similar charges and if it can be stayed indefinitely — The petitioner contends that the departmental enquiry should not continue as he is already facing a criminal trial on similar allegations — The respondents argue that there is no legal bar to conducting both proceedings simultaneousl
India Law Library Docid # 2420186

(415) RAMKUWAR BAI AND OTHERS Vs. NANDKISHORE AND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 12-11-2024
Agreement to Sell — The plaintiffs claimed ownership and possession of the suit lands based on an agreement to sale from 2005 — Defendants 1 and 2 sold the lands to Defendants 3 and 4 in 2014, which the plaintiffs contested — Whether the plaintiffs have a valid title and possession of the suit lands, and whether the sale deed executed by Defendants 1 and 2 is valid — Plaintiffs argued they have been in possession since 2005 and the sale deed by Defendants 1 and 2 is illegal — Defendants claimed
India Law Library Docid # 2420187

(416) BHUPENDRA LODHI AND OTHERS Vs. THE STATE OF MADHYA PRADESH AND OTHERS[MADHYA PRADESH HIGH COURT] 12-11-2024
Service Law — Recruitment — The appellants applied for recruitment as Madhya Pradesh Police Constables under both OBC and unreserved categories — The selection process involves a Written Examination and a Physical Proficiency Test — The main issue is the dispute over the percentage of reservation for the OBC category, whether it should be 14% or 27% — The appellants argue that the selection should be based on the consolidated result of both tests and that the respondents should not make any sele
India Law Library Docid # 2420188

(417) BHURA SINGH THROUGH HIS LRS Vs. FCI AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 12-11-2024
Service Law — Termination — Appellant's services at FCI were terminated due to a past undisclosed conviction — He argued the termination was illegal as the conviction lacked moral turpitude and was not requested on the bio-data form — FCI claimed he willfully concealed his criminal history, justifying termination — The court upheld the termination, finding the concealment of a material fact lawful, and dismissed the appeal, affirming lower court judgments.
India Law Library Docid # 2420258

(418) BUDH RAM (SINCE DECEASED) THROUGH HIS LRS AND OTHERS Vs. KISHAN SINGH (SINCE DECEASED) THROUGH HIS LRS AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 12-11-2024
Specific Relief Act, 1963 — Section 34 — Discretion of court as to declaration of status or right — Property in "custodia legis" at suit's inception allows for declaration of ownership without possession claim; plaintiff's relationship established and will rejected due to suspicious circumstances.
India Law Library Docid # 2420259

(419) JOGA SINGH Vs. STATE OF PUNJAB AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 12-11-2024
Land Compensation — High Court directed the Court-cum-Additional District Judge, Sangrur, to expedite the decision on execution application filed by petitioners for the disbursal of enhanced compensation as per orders — The Court, referencing the Supreme Court's directive in Rahul S. Shah Vs. Jinendra Kumar Gandhi (2021) 6 SCC 418, instructed the executing court to dispose of the matter within three months, emphasizing the need to avoid further prejudice to the landowners' rights.
India Law Library Docid # 2420272

(420) B.VIJAYA @ VIJAYALAKSHMI Vs. R.BALAKRISHNAN[MADRAS HIGH COURT] 12-11-2024
Hindu Marriage Act, 1955 — Section 13(1)(i-a) — Irretrievably broken down — The petitioner alleged cruelty by the respondent, including physical assault and abandonment of responsibilities — Whether the petitioner has made out a case under Section 13(1)(i-a) for divorce on the grounds of cruelty, and whether the Family Court's decision to grant judicial separation instead of divorce is sustainable — The petitioner argued that the respondent's actions, including physical violence and mental cruel
India Law Library Docid # 2420334