(481) K. MOHAMMED ALI AND OTHERS Vs. CHINNAMMA K.M. AND OTHERS[KERALA HIGH COURT] 08-11-2024 Registration Act, 1908 — Section 82 — Penal Code, 1860 (IPC) — Sections 465 and 468 — The petitioners are accused of creating false documents to show public properties as private — Whether the offences under Sections 465 and 468 of the IPC and Section 82 of the Registration Act are made out prima facie — The petitioners argued that none of the offences are prima facie made out, citing various Supreme Court decisions to support their claim — The respondents contended that the facts of the case di India Law Library Docid # 2419650
(482) M/S. SREE GOKULAM CHIT & FINANCE CO.(P) LTD. Vs. P.R. BALAKRISHNAN AND OTHERS[KERALA HIGH COURT] 08-11-2024 Negotiable Instruments Act, 1881 — Sections 118,138 and 139 — Dishonour of Cheque issued towards kuri transactions — The main issues were the validity of the complaint filed by the Assistant Manager and whether the cheque was issued towards a legally enforceable debt — The petitioner argued that the Assistant Manager was authorized to file the complaint and that the cheque was issued to discharge a debt — The respondents contended that the cheque was given as a blank security cheque and that the India Law Library Docid # 2419651
(483) RAJU M.A. Vs. STATE OF KERALA[KERALA HIGH COURT] 08-11-2024 Penal Code, 1860 (IPC) — Section — Murder — Murder of own son following a quarrel with wife — The main issue was whether the conviction and sentence under Section 302 of the IPC were justified — The defense argued that the accused was of unsound mind at the time of the offense and thus should be exempt from criminal liability under Section 84 of the IPC — The prosecution relied on eyewitness testimonies and medical evidence to establish the guilt of the accused — The court found the eyewitness a India Law Library Docid # 2419652
(484) RAMESHWAR KUMAR SURYAVANSHI Vs. STATE OF CHHATTISGARH[CHHATTISGARH HIGH COURT] 08-11-2024 Penal Code, 1860 (IPC) — Sections 302 and 201 — Murder — Appeal against Acquittal — Accused was acquitted by the Sessions Court — Whether the prosecution proved beyond a reasonable doubt that the accused committed the crime — The complainant argued that the deceased was last seen with the accused and that circumstantial evidence, including the recovery of a belt, pointed to the accused's guilt — The defense contended that there was no direct evidence linking the accused to the crime and that the India Law Library Docid # 2419707
(485) GAYATRI SHARMA Vs. STATE OF CHHATTISGARH AND OTHER[CHHATTISGARH HIGH COURT] 08-11-2024 Service Law — Appellant a guest lecturer, challenged the advertisement for new guest lecturer positions, arguing it violated a previous court order protecting her position — Whether the new policy and advertisement for guest lecturers violated the previous court order and if the appellant could be replaced by another guest lecturer — The appellant argued that the new advertisement and policy violated the court's previous order protecting her position and that the state misinterpreted the court' India Law Library Docid # 2419708
(486) MOHD. SHUJATH HUSSAIN Vs. STATE OF TELANGANA AND OTHERS[TELANGANA HIGH COURT] 08-11-2024 Telangana State Judicial (Service and Cadre) Rules, 2023 — Rules 5.3 and 7(i) — The petitioner challenges the constitutionality of the Rules, 2023, which require proficiency in Telugu for judicial appointments — He argues that this discriminates against Urdu speakers — The main issue is whether the requirement for proficiency in Telugu is arbitrary and discriminatory, violating Articles 14 and 16 of the Constitution — The petitioner contends that Urdu is an official language in Telangana and sho India Law Library Docid # 2419772
(487) ICONIC IP INTERESTS LLC AND ANOTHER Vs. SARJU CONFECTIONERY LLP[DELHI HIGH COURT] 08-11-2024 Copyright Act, 1957 — Infringement and passing off — Injunction — The plaintiffs filed a suit against defendant for trademark and copyright infringement of their "JOLLY RANCHER" mark and packaging — The main issue was whether Sarju Confectionery LLP's use of the "JOKY RAMPER" mark and similar packaging constituted infringement and passing off — The plaintiffs argued that the defendant's products were nearly identical in packaging and mark, causing confusion among consumers and infringing on thei India Law Library Docid # 2419995
(488) SANJAY BHANDARI Vs. INCOME TAX OFFICE[DELHI HIGH COURT] 08-11-2024 Black Money (Undisclosed Foreign Income and Assets and Imposition of Tax) Act, 2015 — Section 51(1) — Petitioner filed a petition to quash a criminal complaint related to undisclosed foreign assets and tax evasion — The main issues include whether the criminal complaint was valid without completing the tax assessment and if there was sufficient evidence linking Bhandari to the alleged foreign assets — Petitioner argued that the complaint lacked evidence of his ownership of the foreign assets, th India Law Library Docid # 2419996
(489) RAM TAULAN YADAV AND ANOTHER Vs. HIMANSHU KESARWANI AND OTHERS[ALLAHABAD HIGH COURT] 08-11-2024 Partnership Act, 1932 — Section 69 — Stamp Act, 1899 — Sections 33 and 35 — The case involves disputes arising from partnership agreements — Various partnership deeds were executed, and disputes arose regarding the release of mortgaged properties — The main issues are whether the unregistered partnership deed bars arbitration and if the arbitration clauses in previous agreements bind a new partner who did not sign them — The petitioners argue that the bar under Section 69 does not apply to arbit India Law Library Docid # 2420031
(490) SMT. SHIVIKA UPADHAYAY Vs. PUSHPENDRA TRIVEDI[ALLAHABAD HIGH COURT] 08-11-2024 Hindu Marriage Act, 1955 — Section 13(1)(a) — The petitioner seeks to transfer a matrimonial case from the Family Court in Lucknow to Bareilly — The main issue is whether the Principal Seat of Allahabad High Court has territorial jurisdiction to transfer cases pending in the territorial limits of the Lucknow Bench — The petitioner argues that part of the cause of action arose within the jurisdiction of the Principal Seat, making the transfer application maintainable — The court concluded that th India Law Library Docid # 2420032
(491) MAHENDRA SINGH Vs. BOARD OF REVENUE U.P. AND OTHERS[ALLAHABAD HIGH COURT] 08-11-2024 Uttar Pradesh Revenue Code, 2006 — Sections 38(1) and 144 — The petitioner contested the correction of records in favor of respondents 4 and 5 — The initial suit under Section 38(1) was decided against him, and he later filed another suit under Section 144, which was rejected for not disclosing previous proceedings — The main issue was whether the petitioner's suit was maintainable given the non-disclosure of previous proceedings and the nature of the claims based on oral sale-deed and adverse p India Law Library Docid # 2420033
(492) BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LIMITED Vs. FEROZ AHMAD RATHER AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT (SRINAGAR BENCH)] 08-11-2024 Motor Vehicles Act, 1988 — Section 173 — The claimant filed a petition for injuries from a road accident — The accident involved his vehicle and a car driven by respondent 3 — The main issues were whether the accident caused the claimant's injuries and permanent disability, and the extent of compensation owed — The petitioner argued for compensation due to injuries and permanent disability caused by the accident — Bajaj Allianz Insurance Company contested the compensation, citing pre-existing co India Law Library Docid # 2420476
(493) DEERAJ SINGH Vs. STATE OF J&K AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT (JAMMU BENCH)] 08-11-2024 Service Law — Selection — The petitioner challenged the selection of respondent No.4 as a Laboratory Assistant under NRHM, arguing that he, being a local candidate from District Kishtwar, should have been preferred — Whether the selection process was fair and if the petitioner was entitled to preference as a local candidate — The petitioner claimed that the posts were earmarked for specific districts and that he should have been selected over respondent No.4, who is from District Doda — The resp India Law Library Docid # 2420514
(494) JAGAR NATH PESHIN AND OTHERS Vs. STATE OF J&K AND ANOTHER[JAMMU AND KASHMIR AND LADAKH HIGH COURT (JAMMU BENCH)] 08-11-2024 J&K Migrant Immovable Property (Preservation, Protection and Restraint on Distress Sales) Act, 1997 — The petitioners, who are migrants, own land in District Budgam — They claim their property has been encroached upon and seek protection under the Act, 1997 — Whether the petitioners can invoke the J&K Migrant Immovable Property Act, 1997 against another migrant co-owner — The petitioners argue that their property is being sold without their consent and seek protection and compensation for unauth India Law Library Docid # 2420515
(495) PARVATI Vs. THE STATE OF KARNATAKA[KARNATAKA HIGH COURT (KALABURAGI BENCH)] 08-11-2024 Criminal Procedure Code, 1973 (CrPC) — Section 156(3) — Penal Code, 1860 (IPC) — Sections 420, 504 and 506 read with Section 34 — The petitioners are challenging the order of the Magistrate referring a private complaint for police investigation and the subsequent FIR registration — Whether the Magistrate's order and the FIR registration were valid, considering the guidelines set by the Supreme Court in Priyanka Srivastava's case — The petitioners argue that the Magistrate's order did not follow India Law Library Docid # 2420523
(496) EVERRISE HOUSING PVT. LTD. AND ANOTHER Vs. STATE OF WEST BENGAL AND OTHERS[CALCUTTA HIGH COURT] 08-11-2024 Land Acquisition Act, 1894 — Section 11A — Lapse of Acquisition Proceedings under Section 11A — The court held that Section 11A of the 1894 Act applies to cases where the acquiring authority has not complied with the requirement of sub-section (3A) of Section 17 by tendering and paying 80% of the estimated compensation before taking possession — If no award is made within the time frame specified under Section 11A, the acquisition proceedings lapse by statutory fiction. India Law Library Docid # 2420575
(497) DIPSANKAR SINHA Vs. STATE OF WEST BENGAL AND ANOTHER[CALCUTTA HIGH COURT] 08-11-2024 Criminal Procedure Code, 1973 (CrPC) — Section 125 — Maintenance — Principle of Natural Justice in Maintenance Matters — The court reaffirmed the importance of the principle of natural justice in cases involving the determination of maintenance amounts — It held that a higher court's direction to a lower court should not be so prescriptive as to deprive the lower court of its independent judgment and the opportunity to fully consider the evidence and legal principles. India Law Library Docid # 2420576
(498) RUBINA KHATUN Vs. T. BALASUBRANION AND ANOTHER[CALCUTTA HIGH COURT] 08-11-2024 Appointment of a Temporary Muhammadan Marriage Registrar — Compliance with Procedural Rules in Appointments — The court emphasized that due process of law must be strictly adhered to in appointments, especially when governed by specific rules — In the context of appointing a Temporary Muhammadan Marriage Registrar (MMR), the court noted that the Rules (specifically Rule 3(b)) were fully complied with by the District Registrar and the Inspector General of Registration (IGR), despite initial proce India Law Library Docid # 2420577
(499) AJAY VIKRAM SINGH Vs. THE STATE OF MADHYA PRADESH AND ANOTHER[MADHYA PRADESH HIGH COURT] 07-11-2024 Penal Code, 1860 (IPC) — Sections 420 and 34 — Cheating — Whether the contract between the parties, if violated, constitutes an offence under Section 420 of the IPC —The petitioner argued that the complainant approached them and that no dishonest inducement was present from the inception — They claimed the contract was illegal under Section 23 of the Indian Contract Act, 1872 — The respondent argued that the fraud was present from the beginning as no attempts were made to fulfill the contract af India Law Library Docid # 2419396
(500) KASIM ALI Vs. STATE OF PUNJAB[PUNJAB AND HARYANA HIGH COURT] 07-11-2024 Narcotic Drugs and Psychotropic Substances Act, 1985 — Sections 21 and 22 — The petitioner was apprehended with 12 injections of Buprenorphine, 12 injections of Avil, and 40 grams of Tramadol Hydrochloride — The petitioner has been in custody for over 2 years and 4 months — Whether the petitioner should be granted regular bail — The petitioner argues that the quantity of Tramadol Hydrochloride is non-commercial, and the Buprenorphine quantity is marginally above the commercial limit — The petiti India Law Library Docid # 2419452