(481) SUO MOTU Vs. SUPERINTENDENT AND OTHERS[MADRAS HIGH COURT] 07-08-2024 Prevention of Corruption Act, 1988 — Section 13(2) read 13(1)(e) — Penal Code, 1860 (IPC) — Section 109 — Amassing disproportionate assets — The High Court set aside the discharge of K.K.S.S.R. Ramachandran, a former Minister in the Tamil Nadu government, and his wife, who were accused of amassing disproportionate assets — The court found that the Special Court's decision to discharge the accused based on a "final closure report" filed by the investigating officer after further investigation was India Law Library Docid # 2416672
(482) S.G.GURUBARAN Vs. STATE REP.BY INSPECTOR OF POLICE AND ANOTHER[MADRAS HIGH COURT] 07-08-2024 Penal Code, 1860 (IPC) — Sections 406 and 420 — Quashing of Complaint —The complaint pertained to a dispute between the petitioner and the complainant regarding a partnership business — The petitioner argued that the complaint was a pure civil dispute and not a criminal offence — The High Court of Madras analyzed the complaint and found that it did not disclose any prima facie evidence to show commission of an offence punishable under Sections 406 and 420 IPC — The court also noted that the disp India Law Library Docid # 2416673
(483) CHAMUNDEESWARI AND ANOTHER Vs. M.VINODKUMAR GOYAL AND ANOTHER[MADRAS HIGH COURT] 07-08-2024 Chennai City Tenants Protection Act, 1921 — Section 9 — Application to Court for directing the landlord to sell land — Petitioners sought delivery of vacant possession of a property under a decree that specified the property as vacant land — The obstructor, who claimed ownership of the superstructure built on the property, argued that the decree did not address the superstructure and therefore, he had a right to remain — The High Court dismissed the petitioners' Civil Revision Petitions, holding India Law Library Docid # 2416674
(484) DR. VENUGOPAL AND ANOTHER Vs. THE STATE OF KARNATAKA AND ANOTHER[KARNATAKA HIGH COURT] 07-08-2024 Rajiv Gandhi University of Health Sciences Act, 1994 — Sections 31 and 55 — The appellants were nominated as members of the Syndicate of Rajiv Gandhi University and as Chairman of the Central Relief Committee — Their nominations were canceled by a notification from the State Government — Whether the cancellation of the nominations was valid and if the doctrine of pleasure was applicable — The appellants argued that their term was for three years and could not be curtailed arbitrarily — They also India Law Library Docid # 2417032
(485) CANTONMENT BOARD BADAMI BAGH Vs. SH. VIJAY SHARMA AND OTHERS[JAMMU & KASHMIR AND LADAKH HIGH COURT] 06-08-2024 Cantonment Act of 1924 — Section 200 — Power to transfer by public auction, etc — The case involves the Cantonment Board and the heirs of ‘P’ regarding the eviction and compensation for a shop-cum-residential premises — The main issues are the legality of the eviction, the compensation amount, and the impact of the 2014 floods on the stored items — The Board argued that the compensation was wrongly assessed, the 2014 floods damaged the items, and the possession was with the legal heirs — The res India Law Library Docid # 2416529
(486) MRIDULA DEVI Vs. UNION OF INDIA AND OTHERS[DELHI HIGH COURT] 06-08-2024 Civil Procedure Code, 1908 (CPC) — Section 83 — When aliens may sue — The petitioner seeks the "Swatantrata Sainik Samman Pension" for her late husband who participated in the Quit India Movement and was declared a proclaimed offender in 1945 — The petitioner argues that her husband’s participation in the freedom struggle and the certified copy of the GR Case No. 572/1942 should qualify him for the pension — The respondents argue that the petitioner failed to provide sufficient proof of undergro India Law Library Docid # 2416530
(487) RAZIA SULTAN Vs. UNION OF INDIA AND ANOTHER[DELHI HIGH COURT] 06-08-2024 Negligence — Railways — The petitioner faced difficulties boarding a train due to a misplacement of the coach — She lodged a complaint with the Indian Railways, which was not satisfactorily addressed — The main issue is the alleged negligence of the Railways in handling the petitioner's complaint about the coach misplacement and the subsequent inconvenience and danger faced by her family — The petitioner argued that the Railways failed to provide necessary information about the coach positions, India Law Library Docid # 2416531
(488) GYAN MANGAT AND OTHERS Vs. SOUTH DELHI MUNICIPAL CORPORATION AND OTHERS[DELHI HIGH COURT] 06-08-2024 Property Law — Commercial use — Petitioners challenge the commercial use of property by Respondent No. 2, who operates a guest house and leases the ground floor to HDFC Bank — Whether the permission granted for commercial use of the property violates the Master Plan of Delhi 2021 (MPD 2021) and if the Right of Way (RoW) requirements are met — The commercial use violates MPD 2021 as the RoW is only 13 meters, not the required 18 meters — They argue that the green belt, stormwater drains, and pede India Law Library Docid # 2416532
(489) AMIT KUMAR SINGH Vs. DIRECTORATE OF REVENUE INTELLIGENCE (DRI)[DELHI HIGH COURT] 06-08-2024 Narcotic Drugs & Psychotropic Substances Act 1985 — Section 37 — Possession of a large quantity of contraband, including ketamine hydrochloride, methamphetamine, and phenylpropanolamine — The main issues include the legality of the seizure and sampling process, the connection between the petitioner and the contraband, and the prolonged custody without trial completion — The petitioner argued that the seizure and sampling were conducted without a Magistrate's presence, violating the NDPS Act — Th India Law Library Docid # 2416533
(490) LALIT SUBBA Vs. STATE OF SIKKIM[SIKKIM HIGH COURT] 06-08-2024 Penal Code, 1860 (IPC) — Section 354A(1)(i) — Protection of Children from Sexual Offences Act, 2012 — Sections 5(l), 5(m), 6, 9(l) and 9(m) — Repeated penetrative sexual assault on a child — A six-year-old girl was sexually assaulted by the appellant, who lived nearby — Whether the appellant committed aggravated penetrative sexual assault and other related offences — Petitioner Argue that the victim's testimony was inconsistent and unreliable; the delay in lodging the FIR indicated fabrication — India Law Library Docid # 2416534
(491) MADHUKAR MAHADEV PATIL Vs. SANGLI ZILLA MADHYAWARTI SAHAKARI BANK LTD[BOMBAY HIGH COURT] 06-08-2024 Civil Procedure Code, 1908 (CPC) — Order 7 Rule 10 — Maharashtra Co-operative Societies Act, 1960 — Section 91 — Disputes — The petitioner challenged his termination by respondent-Bank under Section 91 of the Act, 1960 — Whether the Cooperative Court has jurisdiction to decide service disputes between a cooperative society and its employees — The petitioner argued that the Cooperative Court should return the dispute for filing before the Civil Court under Order VII Rule 10 of the Civil Procedure India Law Library Docid # 2416535
(492) DIVVELA RAMAIAH AND ANOTHER Vs. UNION OF INDIA AND ANOTHER[BOMBAY HIGH COURT] 06-08-2024 Institute of Actuaries of India (Admission as Member and Issuance of Certificate of Practice) Regulations, 2017 — Regulation 10 — Issuance a Certificate of Practice — Actuaries Act, 2006 — Section 12 — Petitioners, Associate Members of the Institute of Actuaries of India, challenged the refusal to issue a Certificate of Practice (CoP) to them, arguing against Regulation 10 of the 2017 Regulations and Section 12 of the Actuaries Act, 2006 — Whether Regulation 10 of the 2017 Regulations and Sectio India Law Library Docid # 2416536
(493) RAKESH KUMAR Vs. STATE OF HIMACHAL PRADESH[HIMACHAL PRADESH HIGH COURT] 06-08-2024 Penal Code, 1860 (IPC) — Sections 354 and 354-D — Protection of Children from Sexual Offences Act, 2012 — Section 8 — Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — Sections 3(1)(r)(s) and 3(2)va — Bail — Whether the petitioner should be granted bail considering the gravity of the offence and the delay in trial — Petitioner claims false implication, long incarceration without trial, and no recovery needed from him — Respondent opposes bail due to the seriousness of India Law Library Docid # 2416537
(494) MAJOR Vs. STATE OF HIMACHAL PRADESH[HIMACHAL PRADESH HIGH COURT] 06-08-2024 Penal Code, 1860 (IPC) — Sections 341, 323, 504, 506, 387 and 307 read with Section 34 — Bail — Voluntarily causing hurt — Whether the petitioner should be granted bail considering the nature of the crime and the circumstances — The petitioner argues for bail on the grounds of innocence, completion of investigation, and parity with co-accused who have been granted bail — The State opposes bail, citing the seriousness of the crime and the potential for the petitioner to intimidate witnesses — The India Law Library Docid # 2416538
(495) AVINASH KUMAR Vs. STATE OF HIMACHAL PRADESH[HIMACHAL PRADESH HIGH COURT] 06-08-2024 Protection of Children from Sexual Offences Act, 2012 — Sections 6 and 10 — Aggravated sexual assault — The appellant was convicted for sexually assaulting a seven-year-old girl in 2015 — Whether the conviction under Section 6 of the POCSO Act was justified based on the evidence — The appellant argued that the trial court misappreciated the evidence, leading to a miscarriage of justice — The prosecution maintained that the trial court's judgment was based on proper appreciation of the evidence — India Law Library Docid # 2416539
(496) PRAKASH AND OTHERS Vs. STATE OF U.P. AND ANOTHER[ALLAHABAD HIGH COURT] 06-08-2024 Penal Code, 1860 (IPC) — Sections 323, 504 and 427 — Mmultiple complaints for the same occurrence — The petitioners argued that multiple complaints for the same occurrence constitute an abuse of process, citing relevant case law — The respondents contended that there is no legal bar to lodging both an NCR and a complaint case for the same occurrence — The court set aside the orders from the lower courts and remitted the matter back for fresh consideration, emphasizing the need to avoid multiple India Law Library Docid # 2416540
(497) V. SUBHRAMANYAM Vs. STATE OF TELANGANA[TELANGANA HIGH COURT] 06-08-2024 Andhra Pradesh Bhoodan and Gramdan Act, 1965 — Sections 3 and 4 — Constitution and incorporation of the Board — The appellants were appointed to the Andhra Pradesh Bhoodan Yagna Board — After the state's bifurcation, the Telangana government dissolved the Board and appointed a Special Officer — The legality of the Board's dissolution and the appointment of the Special Officer — Petitioners argue that the dissolution was done without proper grounds and violated natural justice principles — The Bo India Law Library Docid # 2416541
(498) M/S SUMAN INFRASTRUCTURE PRIVATE LIMITED GOVERNMENT CONTRACTOR Vs. STATE OF MADHYA PRADESH AND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 06-08-2024 Commercial Courts Act, 2015 — Section 15(2) — Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts (Amendment), Act, 2018 — Section 19 — The petitioner filed a suit seeking a declaration that the termination of a construction contract was null and void — The suit was initially filed in the Court of District Judge, Ujjain, and later transferred to the Commercial Court, Indore — Whether the subject matter of the suit qualifies as a commercial dispute of specified India Law Library Docid # 2416542
(499) SARASWATI SAHU AND OTHERS Vs. MANRAKHAN SAHU[CHHATTISGARH HIGH COURT] 06-08-2024 Criminal Procedure Code, 1973 (CrPC) — Section 125 — Maintenance — Whether the applicants are entitled to maintenance despite the delay in filing and the claim that Applicant No. 1 consented to live separately — Petitioner argue that the Family Court erred in rejecting the maintenance claim based on delay and alleged consent — The divorce deed (Ex. A-1) was not a valid consent for separate living — Applicant No. 1 left voluntarily and has sufficient means to support herself. Applicant No. 2 is n India Law Library Docid # 2416543
(500) YENUGANTI THRIVENI Vs. STATE OF ANDHRA PRADESH[ANDHRA PRADESH HIGH COURT] 06-08-2024 Service Law — Selection Process — Denial of weightage marks — Petitioners served as nurses during COVID-19 in the Railway Hospital, Vijayawada, and were denied weightage marks in the selection process for Staff Nurse posts — Whether the denial of weightage marks to the petitioners violates Articles 12, 14, and 16 of the Constitution of India — The petitioners argued that they are entitled to weightage marks as per the notification and government orders, despite serving in a Central Government ho India Law Library Docid # 2416544