ive
User not Logged..
Latest Cases

(421) 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

(422) 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

(423) 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

(424) 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

(425) 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

(426) 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

(427) 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

(428) 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

(429) 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

(430) 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

(431) ANJU BALA Vs. MANGAT RAI JINDAL[PUNJAB AND HARYANA HIGH COURT] 09-08-2024
Penal Code, 1860 (IPC) — Sections 406 and 498-A —Guardians and Wards Act, 1890 — Section 25 — Appellant filed for the transfer of a petition under Section 25 of the Act, 1890 from Family Court (Camp Court) Sunam to Sangrur — The couple has a son, Vahin Jindal, born in 2014, and they are currently separated — The main issue is whether the petition should be transferred to a more convenient location for the applicant — The petitioner cited her mother's health and financial hardship due to the tran
India Law Library Docid # 2416652

(432) DEEPAK Vs. STATE OF HARYANA[PUNJAB AND HARYANA HIGH COURT] 09-08-2024
Narcotic Drugs and Psychotropic Substances Act, 1985 — Sections 22, 22(C), 22(A) and 29 — The petitioner seeks regular bail under Section 483 of BNSS, 2023, related to an FIR for offences under the NDPS Act, 1985 — Whether the petitioner should be granted bail considering his alleged involvement in the case and previous criminal record — The petitioner argues for bail based on parity with co-accused who have been granted bail, lack of direct evidence, and prolonged incarceration — The State oppo
India Law Library Docid # 2416653

(433) M S NARULA Vs. BANSI LAL[PUNJAB AND HARYANA HIGH COURT] 09-08-2024
Penal Code, 1860 (IPC) — Sections 406, 420, 323, 506 and 120B — The complainant supplied construction material worth Rs. 7,43,55,590 to the petitioner's firm for the Kundli Manesar Palwal Expressway — A balance of Rs. 1,44,33,985 remained unpaid — The complainant alleged he was beaten and threatened when he demanded the payment —Whether the complaint and summoning order should be quashed as the case is of a civil nature rather than criminal — Petitioner argues that the case is purely civil, with
India Law Library Docid # 2416654

(434) HARYANA STATE AND OTHERS Vs. MANI RAM[PUNJAB AND HARYANA HIGH COURT] 09-08-2024
Service Law — stoppage of increments — The plaintiff, a Sub Inspector in Haryana Roadways, Hisar, was punished with the stoppage of two increments in 1969 and 1970 without a regular inquiry —Whether the suit filed in 1998 challenging the orders from 1969 and 1970 was time-barred —The orders were void as they were passed without a proper inquiry and hearing, violating principles of natural justice —The suit was hopelessly time-barred as it was filed 28 years after the orders —The lower appellate
India Law Library Docid # 2416655

(435) URMILA DEVI AND OTHERS Vs. STATE OF BIHAR AND OTHERS[PATNA HIGH COURT] 09-08-2024
Service Law — The petitioner was appointed as a Peon in 1981 — His service was recognized in 1997 but later canceled in 2011 due to claims of being underage at the time of appointment —The main issue is whether the cancellation of the petitioner's service recognition due to underage at the time of appointment is valid — The petitioner argued that his service was recognized in 1997 and that the cancellation in 2011 was arbitrary and unfair — The respondents argued that the petitioner was underage
India Law Library Docid # 2416656

(436) ABHA KUMARI Vs. BANK OF INDIA AND OTHERS[PATNA HIGH COURT] 09-08-2024
Service Law — Compassionate Appointment — Petitioner, sought compassionate appointment after her father's death in 2016 — Her application was rejected because she was a married daughter, which was not covered under the Bank's scheme at that time — Whether a married daughter can be considered for compassionate appointment under the Bank's scheme — The petitioner argued that the scheme should include married daughters, citing changes in the Bank's policy and similar cases where courts ruled in fav
India Law Library Docid # 2416657

(437) OM PRAKASH MANJHI Vs. STATE OF BIHAR AND OTHERS[PATNA HIGH COURT] 09-08-2024
Service Law — Dismissal — The petitioner was dismissed from his position as Superintending Engineer in the Rural Works Department, Bihar, due to allegations of accumulating disproportionate assets — The main issues were whether the departmental proceedings were conducted fairly, if the petitioner was prejudiced, and if the principles of natural justice were violated — The petitioner argued that he was not provided with necessary documents, no witnesses were examined, and the inquiry violated the
India Law Library Docid # 2416658

(438) BEBY DEVI Vs. STATE OF BIHAR AND OTHERS[PATNA HIGH COURT] 09-08-2024
Bihar Panchayati Raj Act, 2006 — Sections 44(3) and 157 — Petitioner, was removed from her position as Pramukh of Dulhin Bazar Panchayat Samiti through a no-confidence motion — She challenged the validity of the requisition and the process —Whether the requisition for the no-confidence motion was valid and whether the process followed was in compliance with the Bihar Panchayati Raj Act, 2006 — Petitioner argues that the requisition lacked clear and specific charges and was not properly served —
India Law Library Docid # 2416659

(439) USHA SHARMA Vs. MUNICIPAL CORPORATION, SHIMLA AND OTHERS[HIMACHAL PRADESH HIGH COURT] 09-08-2024
Himachal Pradesh Public Premises and Land (Eviction and Rent Recovery) Act, 1971 — Sections 4, 5 and 9 — Eviction — The Municipal Corporation, Shimla, initiated eviction proceedings against petitioner for unauthorized possession of 'Pashu Padav' premises — Whether the eviction proceedings were lawful and if the petitioner was in unauthorized possession — Petitioner argued that the premises were leased to her father-in-law and she continued possession lawfully — She claimed the eviction was not b
India Law Library Docid # 2416660

(440) SILIGURI JALPAIGURI DEVELOPMENT AUTHORITY AND ANOTHER Vs. BENGAL UNITECH UNIVERSAL SILIGURI PROJECTS LTD. AND ANOTHER[CALCUTTA HIGH COURT] 09-08-2024
Arbitration and Concilation Act, 1996 — Arbitral Award — The case involves an arbitral award made in favor of Bengal Unitech Universal Siliguri Projects Ltd. (award holder) against Siliguri Jalpaiguri Development Authority (SJDA, award debtor) — The award was for the transfer of 92.96 acres of land —The main issue was whether the sale of the property at Rs. 400 crores to SLRL Agencies Pvt. Ltd. should be confirmed or if a higher valuation should be considered —The court confirmed the sale to SLR
India Law Library Docid # 2416661