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(461) TULE RAM Vs. RAMNEEK SINGH[HIMACHAL PRADESH HIGH COURT] 19-09-2024
Negotiable Instruments Act, 1881 — Sections 138 and 139 — Dishonour of Cheque — Whether the cheque was issued for a legally enforceable debt and whether the petitioner could rebut the presumption of consideration — The petitioner argued that the cheque was issued as a security and not for a legally enforceable debt — He claimed the courts below did not properly appreciate the evidence — The respondent supported the judgments of the lower courts, asserting that the petitioner failed to rebut the
India Law Library Docid # 2418353

(462) NIKUNJ DOLATBHAI AHIR AND OTHERS Vs. JOINT CHARITY COMMISSIONER, SURAT DIVISION, SURAT AND OTHERS[GUJARAT HIGH COURT] 19-09-2024
Bombay Public Trust Act, 1950 — Sections 72(4), 72(1) and 72(2) — The appellants challenged an order passed by the Additional District & Sessions Judge, Surat, regarding an injunction application (Exh.5) in Misc. Civil Application No.135 of 2024 — The main issue is the maintainability of the First Appeal against the order passed below Exh.5, which is not considered a "decision" or "decree" under Section 72 of the Bombay Public Trust Act, 1950 —The appellants argued that the provisions of the Guj
India Law Library Docid # 2418689

(463) RAJESH HASTIMAL SHAH Vs. STATE OF GUJARAT AND OTHERS[GUJARAT HIGH COURT] 19-09-2024
Gujarat Police Act, 1951 — Section 32H(3) — The petitioner is a senior citizen and animal rights activist — He reported police brutality after intercepting trucks carrying animals illegally — He was allegedly assaulted by a police inspector, resulting in injuries — The main issues are police brutality, improper handling of the complaint by the District Police Complaint Authority, and non-compliance with the Gujarat Police Act — The petitioner seeks a detailed inquiry into the police brutality in
India Law Library Docid # 2418730

(464) PANNA LAL AND OTHERS Vs. THE STATE OF RAJASTHAN[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 19-09-2024
Penal Code, 1860 (IPC) — Section 304 Part-II — Culpable homicide not amounting to murder — The appellants were convicted for causing the death beating with blunt and sharp weapons — The incident occurred after a dispute over cattle grazing in the complainant's field — Whether the appellants were guilty of culpable homicide not amounting to murder and if the evidence supported their conviction under Section 304 Part-II IPC — The appellants argued that the evidence was inconsistent, the FIR did no
India Law Library Docid # 2418804

(465) SHRI SANJEEV KHOKHA Vs. UNION OF INDIA[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 19-09-2024
Narcotic Drugs and Psychotropic Substances Act, 1985 — Sections 8 and 25 — Recovery of 1100 gms. of opium from the Vehicle — The petitioner transferred a vehicle to a contractor in 2000 — In 2009, the vehicle was found with contraband, leading to legal action against the petitioner — The main issue is whether the petitioner can be held liable under the NDPS Act for the contraband found in the vehicle he had transferred — The petitioner argued that the vehicle was transferred to the contractor an
India Law Library Docid # 2418805

(466) KANTHI KUMAR AGRAWAL AND OTHERS Vs. UNION OF INDIA AND OTHERS[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 19-09-2024
Mineral Concession Rules, 1960 — Rule 26 — The petitioner applied for mining rights in 2004, but the application was rejected in 2005 due to non-removal of deficiencies — The revision was also dismissed in 2010 — Whether the petitioner received the notice dated 07.12.2004 and whether the procedure under Rule 26 was followed — The petitioner claimed not to have received the notice and argued that the procedure was not followed — The respondents provided evidence that the petitioner had received t
India Law Library Docid # 2418806

(467) RAVI JOSHI Vs. MAHARISHI DAYANAND SARASWATI UNIVERSITY[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 19-09-2024
Service Law — Suspension — The petitioner was suspended following his arrest — He has been under suspension since 21.01.2021. — The main issue is whether the prolonged suspension of the petitioner, without any chargesheet filed by the police or departmental enquiry initiated, is justified — The petitioner argues that his prolonged suspension violates his fundamental rights under Article 21 of the Constitution, as no chargesheet has been filed against him in over three years — The respondents arg
India Law Library Docid # 2418807

(468) RAM KISHORE Vs. STATE OF RAJASTHAN[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 19-09-2024
Rajasthan Land Revenue (Allotment of Land for Agricultural Purposes) Rules, 1970 — Cancellation of Allotment by Tehsildar — The petitioner, a retired soldier, was allotted land in 1972 — The allotment was canceled in 2013 due to an ex-parte order — The petitioner appealed, and the cancellation was set aside by the Revenue Appellate Authority (RAA) — Whether the RAA should have remanded the matter back for a fresh decision after providing an opportunity to the petitioner — Petitioner argues that
India Law Library Docid # 2418810

(469) BALRAM SINGH Vs. UNION TERRITORY OF J&K AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT (JAMMU BENCH)] 19-09-2024
Jammu & Kashmir Public Safety Act, 1978 — Preventive Detention — Challenged — The main issues were non-application of mind by the detaining authority, non-mention of bail orders in the detention grounds, and non-consideration of the petitioner's representation — The petitioner argued that the detention order was based solely on the police dossier, lacked proper documentation, and failed to mention bail orders, indicating non-application of mind — The respondents claimed that all statutory requir
India Law Library Docid # 2419303

(470) MAHARASHTRA KRISHNA VALLEY DEVELOPMENT CORPORATION LIMITED Vs. BABURAO ISHWAR SATHE SINCE DECEASED THR. LRS. AND OTHERS[BOMBAY HIGH COURT] 18-09-2024
Land Acquisition Act, 1894 — Section 28A — Re-determination of compensation under — The main issue was whether the acquiring body could seek a reference under Section 28-A(3) — The petitioner argued that Section 28-A does not allow re-determination based on a Lok Adalat Award and that the acquiring body is not a "person interested" under Section 18 — The respondent argued that Section 28-A is a complete code and includes the acquiring body as "any person" who can seek a reference — The court hel
India Law Library Docid # 2417912

(471) BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LTD. Vs. KEKANAJE BALKRISHNA BHAT AND OTHERS[BOMBAY HIGH COURT] 18-09-2024
Motor Vehicles Act, 1988 — Section 173 — The case involves a motor accident on 16.05.2016, resulting in the death — The claimants are her husband and son — The main issues are whether the deceased died due to the accident and if there was a breach of policy terms by the driver — The insurance company argued that the deceased did not die in the accident and that the driver did not have a valid license — The claimants argued that the deceased died due to the accident and presented evidence to supp
India Law Library Docid # 2417914

(472) MS. ASHWINI AGNI Vs. MR. KASSIM JAMULUDDIN SHAIKH AND OTHERS[BOMBAY HIGH COURT (GOA BENCH)] 18-09-2024
Penal Code, 1860 (IPC) — Sections 120A, 120B, 182, 211, 406, 383, 384, 499 and 506 — The petitioner, an advocate, challenges an order directing an investigation under Section 202 of Cr.P.C. based on a complaint filed by Respondent No. 1 alleging various offenses — Whether the Magistrate's order for investigation under Section 202 of Cr.P.C. is valid and whether the complaint has territorial jurisdiction — The petitioner argues that the Magistrate's order is illegal, lacks jurisdiction, and that
India Law Library Docid # 2417931

(473) SANDEEP SHARMA Vs. VIKRAM KUMAR PANDEY[DELHI HIGH COURT] 18-09-2024
Criminal Procedure Code, 1973 (CrPC) — Sections 251 and 256 — Negotiable Instruments Act, 1881 — Section 138 — The court held that what is necessary to be demonstrated before the Magistrate is that the complaint is filed in the name of the "payee" and if the person who is prosecuting the complaint is different from the payee, the authorization and the contents of the complaint are within his knowledge — The court also stated that the dismissal of a complaint at the threshold by the Magistrate on
India Law Library Docid # 2418017

(474) PERUMAL Vs. THE GOVERNMENT OF TAMIL NADU AND OTHERS[MADRAS HIGH COURT] 18-09-2024
Constitution of India, 1950 — Article 226 — Medical urgency case involving a convict prisoner (petitioner) seeking extended leave to find a kidney donor for his son — Granted additional 40 days of leave for the medical emergency — Petitioner argues need for more time to find a donor; respondents (Additional Public Prosecutor) acknowledge no adverse remarks against the prisoner and the genuine reason for leave — Court grants 20 days of ordinary leave from 23.09.2024 to 12.10.2024 under specific c
India Law Library Docid # 2418156

(475) AJIT DEB BARMAN AND ANOTHER Vs. THE STATE OF ASSAM AND OTHERS[GAUHATI HIGH COURT] 18-09-2024
Service Law — Multiple times termination — Petitioners were appointed as casual employees and served as Circle Organisers, Village Defence Organization (COVDO) in Nalbari District, Assam — They were terminated multiple times and sought regularization of their services —Whether the petitioners should be regularized as COVDO and if their termination was lawful — Petitioners argued for regularization based on long service and previous court orders, citing the Supreme Court's Uma Devi judgment — Res
India Law Library Docid # 2418301

(476) MD. NIZAM ALI @ NIZAMADDIN Vs. STATE OF ASSAM[GAUHATI HIGH COURT] 18-09-2024
Penal Code, 1860 (IPC) — Sections 376(f) and 511 — Attempt to rape an 8-year-old girl —The main issues include the validity of the conviction, the delay in lodging the FIR, and whether the evidence supports the charges under Sections 376(f)/511/448 IPC — The petitioner argued that the evidence was not properly considered, the delay in lodging the FIR was not explained, and the allegations were false due to previous enmity — The prosecution maintained that the victim's testimony was consistent an
India Law Library Docid # 2418302

(477) ARIJIT DASGUPTA Vs. THE STATE OF ASSAM AND ANOTHER[GAUHATI HIGH COURT] 18-09-2024
Penal Code, 1860 (IPC) — Sections 120(B), 420, 468 and 471 — The petitioner, an advocate, corrected and drafted a sale deed — Later, it was discovered that the No Objection Certificate (NOC) related to the sale was forged — The petitioner was included in the charge sheet for conspiracy and forgery — Whether the petitioner's inclusion in the charge sheet was justified despite the lack of direct evidence against him — The petitioner argued that he was merely performing his professional duties and
India Law Library Docid # 2418303

(478) KAPIL @ NINNI Vs. STATE OF PUNJAB[PUNJAB AND HARYANA HIGH COURT] 18-09-2024
Penal Code, 1860 (IPC) — Sections 302, and 307 —Arms Act, 1959 — Sections 25 and 27 — The petitioner seeks regular bail in a case involving charges under the IPC and Arms Act — The FIR was registered after a shooting incident resulting in one death and one injury — Whether the petitioner should be granted regular bail considering his criminal history and involvement in multiple cases — The petitioner argues he is not named in the FIR and was implicated based on a co-accused's disclosure — He cla
India Law Library Docid # 2417972

(479) GURMAIL SINGH Vs. RASWINDER KAUR AND ANOTHER[PUNJAB AND HARYANA HIGH COURT] 18-09-2024
Will — Genuiness of — ‘P’ the owner of the suit land, allegedly executed a Will in favor of the plaintiff — The plaintiff challenged two sale deeds executed by ‘P’ in favor of the defendant, claiming fraud and misrepresentation — The main issue was whether the sale deeds executed by ‘P’ were valid or the result of fraud and misrepresentation — The plaintiff argued that the sale deeds were fraudulent and that ‘P’ never intended to sell the land — He claimed the defendants took advantage of ‘P’s i
India Law Library Docid # 2417975

(480) ASEEM KHANNA Vs. AKANKSHA DUA[DELHI HIGH COURT] 18-09-2024
Protection of Women from Domestic Violence Act, 2005 — Sections 12(1), 17, 18, 19, 20, 22 and 23 — The petitioner seeks to transfer a domestic violence case filed by from the Karkardooma Courts to the Family Court in Saket, Delhi, to be clubbed with a divorce petition — The petitioner argues that the Family Court has the jurisdiction to grant relief under the Domestic Violence Act and that transferring the case would be convenient and prevent conflicting judgments — The respondent contends that
India Law Library Docid # 2418037