(401) GORAI NAGAR MAHARASHTRA GRIHANIRMAN VASAHAT SANGHATANA Vs. STATE OF MAHARASHTRA AND OTHERS[BOMBAY HIGH COURT] 12-08-2024 Maharashtra Housing Area Development (Disposal of Land) Regulations, 1982 — Regulation 16 — Disposal of certain plots under directive from Government — The dispute involves the allotment of a plot of land in Mumbai, by MHADA to the 5th respondent for constructing a temple — Whether the allotment was made without public advertisement and if it violated the principles of fairness and transparency — The petitioners argued that the allotment was arbitrary, lacked transparency, and violated Article 1 India Law Library Docid # 2416692
(402) R. BALACHANDRAN Vs. G. REENA[MADRAS HIGH COURT] 12-08-2024 Hindu Marriage Act, 1955 — Sections 9 and 13(1)(i-a) — The appellant/husband filed for divorce while the respondent/wife sought restitution of conjugal rights under Section 9 — Family Court dismissed the husband's petition and granted the wife's — On appeal, the High Court overturned the decision, finding the wife guilty of cruelty (disrespect, abuse, mental cruelty, refusal for medical treatment, and leaving home without reason), and granted the husband a divorce — The wife's petition for resti India Law Library Docid # 2416693
(403) V.MOHAMMED YAHYA Vs. LOUIS RAKESH KARUNAKARAN AND OTHERS[MADRAS HIGH COURT] 12-08-2024 Motor Vehicles Act, 1988 — Section 173 — Enhancement of Compensation — 30% Disability — The petitioner was injured in a road accident involving a motorcycle — The petitioner claimed the accident was due to the rider's negligence and sought compensation — The main issue was whether the compensation awarded by the Tribunal was adequate and whether the petitioner's disability was correctly assessed — The petitioner argued that the Tribunal failed to appreciate the evidence and that the disability w India Law Library Docid # 2416694
(404) R. PRABHU AND OTHERS Vs. SUSILA AND OTHERS[MADRAS HIGH COURT] 12-08-2024 Succession Act, 1925 — Section 63 — Execution of unprivileged Wills — The plaintiffs filed a suit for partition of properties into four equal shares, referencing a Will and various sale deeds — The main issue was whether the plaintiffs were entitled to the partition and possession of the suit properties — The plaintiffs argued they were entitled to half of the suit properties based on sale deeds and the Will — The defendants contested the plaintiffs' claims, arguing possession and enjoyment of t India Law Library Docid # 2416695
(405) BASANT KUMAR KHEMKA AND ANOTHER Vs. CITY SHOPPE ESTATES LIMITED[CALCUTTA HIGH COURT] 12-08-2024 Arbitration and Conciliation Act, 1996 — Sections 11 and 21 — Interpretation of “Party” — The petitioners, owners of flats filed applications against respondent alleging disconnection of electricity and failure to provide amenities — Whether the petitioners are "parties" under the 1996 Act and whether the disputes fall under the arbitration clause of the 1995 agreement — The petitioners argued they are successors-in-interest and thus entitled to invoke the arbitration clause in the 1995 agreemen India Law Library Docid # 2416696
(406) M/S JAIN BHANDAR AND OTHERS Vs. STATE OF WEST BENGAL[CALCUTTA HIGH COURT] 12-08-2024 Essential Commodities Act , 1955 — Section 7(1)(a)(ii) — West Bengal Declaration of Stocks and Prices of the Essential Commodities Order, 1977 — Paragraph 3(2) — West Bengal Sugar Dealers Licensing Order, 1980 — Paragraph 2(c) — Penalties — The appellants were convicted for violating the Act, 1955, by dealing in sugar without a license and not displaying stock and price lists as required — Whether the appellants violated the Essential Commodities Act and related orders by not having a license an India Law Library Docid # 2416697
(407) JAHANARA BIBI AND ANOTHER Vs. NATIONAL INSURANCE CO. LTD. AND ANOTHER[CALCUTTA HIGH COURT] 12-08-2024 Motor Vehicles Act, 1988 — Section 166 — The claimant’s son died in a road accident due to alleged rash and negligent driving by the driver of a vehicle — Whether the driver was driving rashly and negligently, and whether the claimants are entitled to compensation — Respondent denied negligence, claiming the accident was caused by the victim's own actions — The tribunal initially dismissed the claim, but the High Court set aside this decision, awarding compensation of Rs. 5,34,000/- to the claim India Law Library Docid # 2416698
(408) GOUTAM PRASANNA KAR Vs. STATE OF WEST BENGAL AND OTHERS[CALCUTTA HIGH COURT] 12-08-2024 Penal Code, 1860 (IPC) — Sections 376 and 417 — The petitioner was accused of cohabiting with the complainant on a false promise of marriage — Whether the petitioner can seek quashing of the G.R. case after a previous similar request was denied — The petitioner argued that the complainant changed her stance multiple times and that the case should be quashed due to a mutual settlement — The respondent argued that the application is not maintainable as the earlier application was dismissed on meri India Law Library Docid # 2416699
(409) TARUN BANERJEE Vs. STATE OF WEST BENGAL AND ANOTHER[CALCUTTA HIGH COURT] 12-08-2024 Penal Code, 1860 (IPC) — Sections 420, 465, 467, 468, 506 and 34 — False job assurances — The petitioner is accused of collecting money from unemployed people under false job assurances through Krishi Bikash Shilpa Kendra — Whether the criminal proceedings should be quashed based on the delay in filing the FIR, lack of direct complainants, and subsequent settlement between parties — Petitioner argues that FIR was delayed, vague allegations, and the dispute was settled amicably — State claims su India Law Library Docid # 2416700
(410) PRIYANKA MOHATA Vs. ASHWIN MOHATA[CALCUTTA HIGH COURT] 12-08-2024 Guardians and Wards Act, 1890 — Sections 7,8 and 12 — Term "resides" and "ordinary residence" — Petitioner and Respondent married in 2013 and had a daughter in 2017 — Petitioner left her matrimonial home in 2018 with her daughter — Respondent filed for custody in 2020 — The main issue is whether the District Judge’s Court at Barasat has jurisdiction to entertain the custody application under the Guardians and Wards Act, 1890 — Petitioner argued that the court lacks jurisdiction as the child resi India Law Library Docid # 2416701
(411) 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
(412) 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
(413) 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
(414) 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
(415) 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
(416) 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
(417) 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
(418) 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
(419) 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
(420) 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