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(441) THANGESH AND OTHERS Vs. STATE BY INSPECTOR OF POLICE[MADRAS HIGH COURT] 19-09-2024
Penal Code, 1860 (IPC) — 147, 148, 294(b), 302, 326, 506 and 149 — The appellants were convicted for the murder following a street harassment incident involving (PW4) and A7's daughter — The main issues were the credibility of prosecution witnesses, contradictions in their testimonies, and the framing of charges under Section 302 IPC — The defense argued that the prosecution witnesses were biased, tutored, and their testimonies were inconsistent — They also contended that the charges under Secti
India Law Library Docid # 2418153

(442) MOHAMMED IMATHATHULLAH ALIAS MOHAMMED YASIN Vs. STATE REPRESENTED BY INSPECTOR OF POLICE[MADRAS HIGH COURT] 19-09-2024
Penal Code, 1860 (IPC) — Section 302 r/w 34, 341 and 323 — Murder — Appellants convicted for stabbing deceased in 2014 after being enraged by his actions — Eyewitness presence, FIR timing, credibility of prosecution evidence — Appellants argued contradictions, doubtful eyewitnesses, FIR delay indicating false implication — Prosecution claimed overwhelming evidence, including credible eyewitness testimonies, forensic evidence linking accused to crime — Court dismissed appeals, upheld life impriso
India Law Library Docid # 2418154

(443) B.GANESAN AND OTHERS Vs. M/S. TNK GOVINDARAJU CHETTY AND CO. PVT. LTD. AND OTHERS[MADRAS HIGH COURT] 19-09-2024
Industrial Disputes Act, 1947 — Section 18(1) — Minimum Wages Act, 1948 — Section 3 and 5 — Wage dispute — Wage dispute case involving cinema theater workmen claiming underpayment under the Minimum Wages Act — Correct calculation of wages as per Government Orders — Workmen argued wages were below stipulated minimums; management claimed wages were based on a settlement and above minimums — Labour Court found wage calculation discrepancies, but Writ Court overturned this finding — Court emphasized
India Law Library Docid # 2418155

(444) SUKHDEV SING Vs. JAGRAJ SINGH AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 19-09-2024
Will — Ancestral Property— Impact of Mutation on Property Ownership — The plaintiff claimed that the suit property, an agricultural land, was ancestral and inherited by his father ‘M’ — After ‘M’s death, the property was mutated in the names of respondents and others based on a disputed Will —The main issue was whether the Will dated 28.04.2004, allegedly executed by ‘M’, was genuine or forged — The appellant argued that the Will was forged and fabricated, and that the property should be distrib
India Law Library Docid # 2417971

(445) AVTAR KRISHAN Vs. STATE OF PUNJAB[PUNJAB AND HARYANA HIGH COURT] 19-09-2024
Penal Code, 1860 (IPC) Sections 201, 302, 341, 148 and 149 —The petitioner is accused of encircling, slapping, and giving fist blows to the deceased, who died from a head injury attributed to a co-accused — Whether the petitioner should be granted regular bail despite being named in the FIR and having been in custody for 1 year and 3 months —The petitioner argues that the fatal injury was caused by a co-accused, and similarly situated co-accused have been granted bail — The petitioner has been i
India Law Library Docid # 2417973

(446) SHARANJIT KAUR Vs. HARJINDER SINGH[PUNJAB AND HARYANA HIGH COURT] 19-09-2024
Penal Code, 1860 (IPC) — Sections 420, 467 and 471 — Appellant a teacher, filed a suit for damages against her ex-husband for malicious prosecution — She was acquitted in a criminal case filed by him — Whether the appellant is entitled to damages for malicious prosecution after being acquitted in a criminal case — The appellant argued that her acquittal in the criminal case, which was filed with malicious intent, entitles her to damages — The respondent claimed he was merely an informant and not
India Law Library Docid # 2417974

(447) HANEEF AND OTHERS Vs. M.SARAVANAN AND OTHERS[MADRAS HIGH COURT] 19-09-2024
Motor Vehicles Act, 1988 — Section 173 — The petitioners are dependents of the deceased, who died in a motorcycle accident involving a car insured by Royal Sundaram General Insurance Company — Whether the car was involved in the accident and if the insurance company is liable to pay compensation — Petitioner argues that the accident was caused by the car's rash driving — The delay in filing the FIR was due to the petitioner's focus on medical treatment — Respondent argues that the car was not in
India Law Library Docid # 2418082

(448) PUNJAB NATIONAL BANK Vs. KARTAR SINGH[DELHI HIGH COURT] 19-09-2024
Service Law — Dismissal — Dismissed from service for tampering with records and unauthorized withdrawals —Whether the dismissal was justified and if the Industrial Tribunal's decision to reinstate with back wages was appropriate —Petitioner argues that the dismissal was justified based on proven charges — The Tribunal's decision was inconsistent and excessive — Respendents states that the dismissal was disproportionate — The Tribunal's decision was fair and based on the evidence –The court uphel
India Law Library Docid # 2418030

(449) M/S GURU EXIM Vs. INDIAN OVERSEAS BANK AND ANOTHER[DELHI HIGH COURT] 19-09-2024
Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 — Section 13(2) — The plaintiff had its account declared as NPA by Indian Overseas Bank — The bank initiated proceedings under the SARFAESI Act to recover dues —The main issue is whether the interim order preventing the bank from taking coercive steps should be vacated —The plaintiff argues for maintaining the status quo on their credit account and claims damages for non-credit of payment against
India Law Library Docid # 2418031

(450) JK CEMENT LIMITED Vs. ANKUR AGARWAL AND OTHERS[DELHI HIGH COURT] 19-09-2024
Trandmark — Infringment — Plaintiff filed a suit against Defendants for using a deceptively similar trademark "J&K" for cement and related products — The main issue was whether the defendants' use of the "J&K" trademark and trade name "Jay Kay Industries" infringed on JK Cement's trademark rights —The court decreed in favor of JK Cement, restraining the defendants from using the "J&K" trademark and awarded costs of Rs. 1.5 lacs to the plaintiff — The court found that the defendants' trademark wa
India Law Library Docid # 2418032

(451) AMANDEEP GILL AND ANOTHER Vs. THE STATE GOVT OF NCT OF DELHI[DELHI HIGH COURT] 19-09-2024
Negotiable Instruments Act, 1881 — Section 138 — Penal Code, 1860 (IPC) — Section 174A — Non-appearance in response to a proclamation under Section 82 Cr.P.C — Whether cognizance of the offence under Section 174-A IPC can be taken without a written complaint by the concerned public servant, as required by Section 195(1)(a)(i) Cr.P.C —The petitioners argued that the bar under Section 195(1)(a)(i) Cr.P.C. applies to Section 174-A IPC, and thus, cognizance could not be taken without a written compl
India Law Library Docid # 2418033

(452) SIDDHARTH TALWAR AND OTHERS Vs. SARIKA TALWAR[DELHI HIGH COURT] 19-09-2024
Protection of Women from Domestic Violence Act, 2005 — Section 23(2) —Appellant and respondent were married in 2007 and have a daughter — They have been living separately since 2017, and the wife filed for maintenance under the DV Act in 2017 —The main issue is the interim maintenance awarded to the wife and daughter, which the husband is contesting —The husband argued that he has been financially supporting his family, lost his job, and faced financial difficulties — He also claimed that the wi
India Law Library Docid # 2418034

(453) DELHIVERY LIMITED Vs. KARE ENTERPRISE PRIVATE LIMITED[DELHI HIGH COURT] 19-09-2024
Arbitration and Conciliation Act, 1996 — Sections 11(5) and 21 — Delivery Services Agreements (DSAs) for logistic services — Disputes arose, leading Delhivery to seek arbitration —Whether Delhivery exhausted the pre-arbitral protocol before invoking arbitration and whether the Section 21 notice was valid —Delhivery argued that attempts were made to resolve disputes amicably, but they failed — They also contended that the arbitration clause should be invoked —Respondent claimed that Delhivery did
India Law Library Docid # 2418036

(454) KARAN SINGH MARAVI Vs. THE STATE OF MADHYA PRADESH AND OTHERS[MADHYA PRADESH HIGH COURT] 19-09-2024
Service Law — Removal from Service — Unauthorised Absence from duty —The appellant was removed from service due to unauthorized absence from duty for 455 days — His appeal to the Inspector General of Police was dismissed — Whether the appellant's unauthorized absence was willful or due to compelling circumstances — The appellant argued that his absence was due to his wife's health issues and financial difficulties, citing the Supreme Court judgment in Krushna Kant B. Parmar —The respondents main
India Law Library Docid # 2417996

(455) NIRMAL Vs. THE STATE OF M.P.[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 19-09-2024
Narcotic Drugs Psychotropic Substance Act, 1985 — Sections 8,15, 25 and 29 — Bail — CCTV footage — The main issue was the failure of the police to maintain and provide CCTV footage, raising concerns about compliance with Supreme Court directives —The court directed that any failure to provide CCTV footage should result in a departmental inquiry and be treated as major misconduct —The court emphasized the importance of CCTV footage in protecting citizens' fundamental rights and preventing police
India Law Library Docid # 2417997

(456) QUIPPO TELECOM INFRASTRUCTURE LTD. Vs. THE STATE OF MADHYA PRADESH AND OTHERS[MADHYA PRADESH HIGH COURT] 19-09-2024
Madhya Pradesh Municipal Corporation Act, 1956 — Section 366 (3) — Power to make Rules — Petitioner filed a petition against the State of Madhya Pradesh and others, challenging the demand for a license fee for mobile towers —Whether the demand for a license fee by the Municipal Corporation is lawful and whether the mobile towers should be regulated as hazardous business —The petitioner argued that the demand for a license fee is against the law and that mobile towers do not generate revenue or p
India Law Library Docid # 2417998

(457) ANNET KUMAR Vs. THE UNION OF INDIA AND OTHERS[GAUHATI HIGH COURT] 19-09-2024
Service Law — Removal from Service — The petitioner a constable in the CRPF, was removed from service after being arrested for a scuffle while on leave — He was later acquitted of the charges — Whether the petitioner's removal from service was justified given his acquittal in the criminal case — Petitioner argues that the charges were not listed offenses, and the penalty of removal was disproportionate — The petitioner cited several judgments to support his case —Respondents argued that the char
India Law Library Docid # 2418297

(458) M/S. BARKATAKI PRINT AND MEDIA SERVICES A PROPRIETORSHIP CONCERN AND OTHERS Vs. UNION OF INDIA AND OTHERS[GAUHATI HIGH COURT] 19-09-2024
Central Goods and Services Tax Act, 2017 — Assam Goods and Services Tax Act, 2017 — Challenge the validity of Notifications No. 9/2023-CT and 56/2023-CT under the Acts — Whether the notifications extending the period for passing orders under Section 73(10) of CGST are ultra vires due to lack of GST Council recommendations Petitioner argues that the notifications were issued without GST Council recommendations, making them ultra vires — The orders passed under these notifications are without juri
India Law Library Docid # 2418298

(459) BAHAR AHMED LASKAR Vs. THE STATE OF ASSAM AND OTHERS[GAUHATI HIGH COURT] 19-09-2024
Service Law — Dismissal from service —Petitioners, Head Constables in Assam Police, were dismissed for allowing trucks with illegal Burmese areca nuts to enter Assam without proper checks — Whether the dismissal penalty was proportionate to the misconduct — Petitioners argued that the punishment of dismissal was too harsh and disproportionate to the offense — Respondent contends that the penalty was appropriate given the gravity of the misconduct, as per relevant rules and regulations —The court
India Law Library Docid # 2418299

(460) BENJAMIN BASUMATARY @ BINJAMIN BASUMATARY Vs. THE STATE OF ASSAM[GAUHATI HIGH COURT] 19-09-2024
Narcotic Drugs and Psychotropic Substances Act, 1985 — Sections 20(b)(ii)(B) and 52A —Possession of 10 kgs of ganja —Whether the appellants were rightly convicted under Section 20(b)(ii)(B) of the NDPS Act, considering the procedural lapses and lack of clear evidence — The appellants argued that the investigation was flawed, with no clear evidence of possession, non-compliance with Section 52-A of the NDPS Act, and lack of independent witnesses — The prosecution maintained that the contraband w
India Law Library Docid # 2418300