(441) MOHAN LAL SHARMA AND OTHERS Vs. THE STATE OF RAJASTHAN AND OTHERS[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 11-11-2024 Constitution of India, 1950 — Articles 14, 15 and 16 — The petitioners challenged Condition No.9 of an advertisement issued by the Director of Secondary Education, Rajasthan, which granted 10 additional bonus marks to candidates opting for their current place of posting — Whether granting 10 additional bonus marks violates the Fundamental Rights under Articles 14, 15, and 16 — The condition is not in consonance with the Rajasthan Civil Services Rules, 2023, and creates an unfair distinction betw India Law Library Docid # 2419823
(442) BHUP NARAYAN PANDEY Vs. THE BIHAR STATE ROAD TRANSPORT CORPORATION AND OTHERS[PATNA HIGH COURT] 11-11-2024 Service Law — Gratuity and Unutilized leave — Forfeit of — The petitioner retired from the Bihar State Road Transport Corporation (BSRTC) in 2018 — In 2019, BSRTC forfeited 90% of his gratuity and 50% of his unutilized leave — The main issue is whether the BSRTC's forfeiture of the petitioner's benefits after his retirement is lawful — The petitioner argues that the forfeiture is invalid as it was done after his retirement, citing a previous court ruling that the Bihar Pension Rules do not apply India Law Library Docid # 2419883
(443) KAMLESH KUMAR Vs. THE STATE OF BIHAR AND ANOTHER[PATNA HIGH COURT] 11-11-2024 Penal Code, 1860 (IPC) — Sections 376 and 379 — Protection of Children from Sexual Offences Act, 2012 — Section 4(2) — The appellant was convicted for allegedly raping a 14-year-old girl — The credibility of the victim's testimony, inconsistencies in her statements, lack of medical evidence, and procedural lapses in the investigation — The appellant's defense highlighted the inconsistencies in the victim's statements, lack of medical evidence of rape, and procedural flaws in the investigation — India Law Library Docid # 2419890
(444) TEJ NARAYAN CHOUDHARY AND ANOTHER Vs. MANJAY MAHTO AND OTHERS[PATNA HIGH COURT] 11-11-2024 Civil Procedure Code, 1908 (CPC) — Order 6 Rule 17 — Amendment of Plaint — The petitioners filed a suit seeking a declaration against the defendants over a property donated by their ancestor for the construction of a dharamshala — The main issue is whether the trial court erred in rejecting the petitioners' amendment application under Order 6 Rule 17 of the CPC — The petitioners argue that the trial court's order suffers from jurisdictional error and that the amendments sought would not change t India Law Library Docid # 2419873
(445) MADAN KUMAR Vs. STATE OF BIHAR AND OTHERS[PATNA HIGH COURT] 11-11-2024 Service Law — Dismissal — The petitioner was dismissed from service following a departmental enquiry — He seeks to quash the dismissal order and the appellate order that upheld it — Whether the petitioner was unfairly dismissed compared to another officer ‘S’ who received a minor penalty for similar charges — The petitioner argues that his dismissal was disproportionate and discriminatory, citing similar charges against another officer who received a lesser penalty — The State contends that the India Law Library Docid # 2419876
(446) MUNCHUN RAI @ SUNIL RAI Vs. STATE OF BIHAR[PATNA HIGH COURT] 11-11-2024 Penal Code, 1860 (IPC) — Sections 324 and 342 — Arms Act, 1959 — Section 27 — The main issue was whether the conviction and sentence were justified based on the evidence presented, particularly the testimonies of the informant and his uncle, who were claimed to be biased witnesses — The appellant argued that the conviction was based on biased testimonies, lack of examination of key witnesses (like the initial investigating officer and the treating doctor), and that he had already served a substa India Law Library Docid # 2419878
(447) RAMESH PASWAN AND OTHERS Vs. STATE OF BIHAR AND OTHERS[PATNA HIGH COURT] 11-11-2024 Mutation — The petitioners are disputing the order passed by the Deputy Collector, Land Reforms, Jehanabad, which allowed an appeal by the respondents regarding land mutation — The main issue is whether the Deputy Collector's order, which reversed the Anchal Adhikari's decision to allow the petitioners' claim for rent collection, is valid — The petitioners argue that their names should be entered in the Jamabandi for the land in question, allowing them to collect rent — The respondents contend t India Law Library Docid # 2419879
(448) SATISH KUMAR JAIN Vs. STATE OF NCT DELHI AND ANOTHER[DELHI HIGH COURT] 11-11-2024 Negotiable Instruments Act, 1881 — Sections 138 and 1181 — Dishonour of Cheque — The cheques were issued to repay a friendly loan of Rs. 1,50,000 — The main issue was whether the cheques were issued in discharge of a legally enforceable debt and whether the petitioner could rebut the presumption of liability under Sections 118 and 139 of the NI Act — The petitioner argued that he did not know the respondent and had given the cheques as blank signed security cheques to a third party, ‘V’, for a d India Law Library Docid # 2419990
(449) ANEES UR RAHMAN Vs. M/S. SMAL FARMERS AGRIBUISNESS CONSORTIUM[DELHI HIGH COURT] 11-11-2024 Negotiable Instruments Act, 1881 — Sections 138 and 141 — Dishonour of Cheque — Whether the petitioner, who resigned as a director in 2009, can be held liable for the dishonor of the cheque in 2016 — The petitioner argued that he resigned from the company in 2009 and was not involved in its affairs at the time of the cheque's dishonor — The respondent contended that the petitioner was a director when the agreement was executed and was responsible for the company's actions — The court emphasized India Law Library Docid # 2419991
(450) AKASH Vs. STATE (N.C.T) OF DELHI[DELHI HIGH COURT] 11-11-2024 Penal Code, 1860 (IPC) — Sections 307, 394, 397 and 34 — Robbery — Modification of sentence — The appellant was convicted for robbery and causing injuries with a knife — The appeal challenges the conviction based on alleged contradictions in witness testimonies, lack of independent witnesses, and procedural lapses in the investigation — The appellant argued that the prosecution's evidence was unreliable due to contradictions in witness statements, lack of independent witnesses, and procedural de India Law Library Docid # 2419992
(451) VIJAY KUMAR SHUKLA Vs. STATE NCT OF DELHI AND ANOTHER[DELHI HIGH COURT] 11-11-2024 Delhi Prisons Rules, 2018 — Premature release — Petitioner was convicted in 2009 for murder and other offenses, has been in custody for about 26 years — His conduct in jail has been satisfactory, and he has been granted parole and furlough multiple times without any misuse — The petitioner challenges the repeated rejection of his premature release by the Sentence Review Board (SRB) and seeks directions for his release and guidelines for SRB decisions to align with the Delhi Prisons Rules, 2018 — India Law Library Docid # 2419993
(452) DEEPAK TIWARI Vs. STATE NCT OF DELHI[DELHI HIGH COURT] 11-11-2024 Penal Code, 1860 (IPC) — Sections 302 and 34 — Murder of two individuals — The incident involved gunshot injuries, and the accused was arrested based on eyewitness testimony and forensic evidence — The main issue is whether the applicant should be granted bail, considering the severity of the charges and the evidence presented — The petitioner claims false implication, inconsistent witness statements, and argues for bail based on prolonged detention and good conduct during interim bail — The pro India Law Library Docid # 2419994
(453) ABDUL WAZID Vs. STATE OF U.P.[ALLAHABAD HIGH COURT] 11-11-2024 U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986 — Sections 2 and 3 — Appellant is accused for being part of an interstate gang involved in various crimes, including extortion and illegal activities — Whether the applicant should be granted bail considering his alleged involvement in serious crimes and his criminal history — The appellant claims innocence, arguing that the FIR is politically motivated and that he has been granted bail or exonerated in related cases — He also cites India Law Library Docid # 2420029
(454) SHER SINGH AND OTHERS Vs. STATE OF U.P.[ALLAHABAD HIGH COURT] 11-11-2024 Penal Code, 1860 (IPC) — Sections 302 and 34 — Appellants were convicted for the murder based on circumstantial evidence — The incident involved deceased being taken by the accused on motorcycles and later found dead with multiple stab wounds — The main issue was whether the circumstantial evidence and testimonies provided were sufficient to convict the accused — The defense argued that the chain of circumstantial evidence was incomplete, and the testimonies of key witnesses were unreliable and India Law Library Docid # 2420030
(455) SHRI RAVINDER KUMAR Vs. STATE OF HIMACHAL PRADESH[HIMACHAL PRADESH HIGH COURT] 11-11-2024 Service Law — Transfer — The petitioner was transferred from Kangra, to Shimla after a short stay of six months — Whether the transfer of the petitioner was justified and in accordance with the law — The petitioner argued that the transfer was premature and did not allow for a reasonable stay at Kangra — The State argued that the petitioner had served primarily in certain districts and needed to be transferred to Shimla for broader experience — They also stated that as a Class-I employee, the pe India Law Library Docid # 2420085
(456) KAILASH BUNDELA Vs. THE STATE OF MADHYA PRADESH AND OTHERS[MADHYA PRADESH HIGH COURT] 11-11-2024 Judges (Protection) Act, 1985 — The petitioner an Additional Collector, was issued a chargesheet for allegedly granting permissions improperly under the Madhya Pradesh Land Revenue Code, 1959 — The main issues were whether the petitioner was competent to grant permissions, whether he was protected under the Judges (Protection) Act, 1985, and whether the disciplinary proceedings were justified — The petitioner argued that he was competent to grant permissions, was protected under the Judges (Prot India Law Library Docid # 2420189
(457) OM PRAKASH @ LALLU Vs. THE STATE OF M.P.[MADHYA PRADESH HIGH COURT] 11-11-2024 Penal Code, 1860 (IPC) — Section 302 — Murder — Dispute over samosas — The main issue was whether the dying declaration and other evidence were reliable enough to convict accused for murder under Section 302 — The appellant argued that the dying declaration and other statements were fabricated, as the deceased died on the spot and could not have given any statements — The State contended that the dying declaration and statements were valid and supported by medical evidence — The court found inco India Law Library Docid # 2420190
(458) OM PARKASH SINGH Vs. ADISHWAR JAIN AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 11-11-2024 Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 — Section 35 — A tenant cannot withdraw a suit for permanent injunction against a landlord when the property is mortgaged and the lender has invoked the SARFAESI Act, without first adjudicating the suit's maintainability under the Act — The tenant's right to withdrawal is not absolute in such cases to protect the lender's statutory rights — The court must decide on the suit's maintainability befo India Law Library Docid # 2420256
(459) STATE OF HARYANA THROUGH COLLECTOR, ROHTAK AND ANOTHER Vs. RAM PAL[PUNJAB AND HARYANA HIGH COURT] 11-11-2024 Service Law — Recovery of excess benefits — Mistakenly granted excess benefits to a retired employee cannot be recovered if it would cause undue hardship, as per Ishar Singh vs. State of Punjab, 2002 AIR SC 2422. India Law Library Docid # 2420257
(460) RATTAN LAL @ RATTAN KUMAR AND OTHERS Vs. STATE OF HARYANA[PUNJAB AND HARYANA HIGH COURT] 11-11-2024 Penal Code, 1860 (IPC) — Sections 306, 498-A and 511 — Dowry Death — Abetment to suicide — ‘A’ initially stated she set herself and her children on fire due to her husband's neglect but later accused her in-laws of the crime — The main issue is the reliability of two conflicting dying declarations made by ‘A’, one implicating only her husband and the other implicating her in-laws as well — The appellants argued that the second dying declaration was tutored and that the initial statement should b India Law Library Docid # 2420265