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(521) STATE OF WEST BENGAL Vs. SANKAR BOSE AND OTHERS[CALCUTTA HIGH COURT] 07-11-2024
Essential Commodities Act, 1955 — Section 7(1)(a)(ii) — West Bengal Declaration of Stocks & Price of Essential Commodities Order, 1977 and West Bengal Pulses Edible Oil Seeds and Edible (Dealers Licensing) Order, 1978 — Burden of Proof in Essential Commodities Cases — The court reiterates that the prosecution bears the heavy burden of proving beyond reasonable doubt that the accused were involved in the illegal possession and trade of essential commodities under the Essential Commodities Act.
India Law Library Docid # 2420579

(522) JAMANDKAMUDI PUSHPA RAJASEKHAR Vs. JAMANDLAMUDI SOWJANYA[ANDHRA PRADESH HIGH COURT] 07-11-2024
It is the case of the appellant that he married the respondent on 24.04.2006 at Pastor Rev Devsahayam, Tallapalem Village and the same was solemnized at Gurajada Kala Kshetram, Ukkunagaram, Visakhapatnam as per Christian religious rites and the marriage was consummated. Out of the wed lock, a female child was born who was named as Riya. It is the further case of the appellant that since 16.11.2012, they are living separately due to differences that arose between them and thereby their marriage h
India Law Library Docid # 2420888

(523) M/S. INNOVATIVE FOUNDRIES PVT. LTD. AND OTHERS Vs. M/S. PIONEER ALLOY CASTINGS LTD. AND OTHERS[ANDHRA PRADESH HIGH COURT] 07-11-2024
By order, dated 09.11.2012, made in C.P.No.171 of 2011, M/s. Pioneer Alloy Castings Limited was ordered to be wound up by the High Court of Judicature at Hyderabad, and consequently, the Official Liquidator was appointed as its liquidator. The company (in liquidation) had two factories comprising of land, buildings, plant & machinery, stocks etc., situated at (a) Plot No.22 & 23, IDA, Gazulamandyam, via Renigunta, Chittoor District, Andhra Pradesh (b) second unit at Plot No.B-39, SIPCOT Industri
India Law Library Docid # 2420889

(524) THE OFFICIAL LIQUIDATOR OF M/S. SREE PATTABHI FORGE LIMITED Vs. NIL[ANDHRA PRADESH HIGH COURT] 07-11-2024
On a reference made by BIFR, vide order, dated 15.12.1994, in RCC No.1 of 1994, the applicant, viz., M/s Sree Pattabhi Forge Limited (in liquidation) had been ordered to be wound up and the Official Liquidator was appointed as its liquidator. Consequent to the winding up order, the Official Liquidator issued preliminary notices to the Government authorities intimating the winding up order and notices to the Ex-Directors under Section 454 and 456 of the Companies Act, 1956 (for short “the Act”) t
India Law Library Docid # 2420890

(525) SHANKARSINGH Vs. THE STATE OF M.P.[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 06-11-2024
Penal Code, 1860 (IPC) — Sections 307 and 324 —Money Dispute — Whether the accused inflicted injuries with the intent to cause death — The defense argued that the evidence was unreliable due to contradictions and that the injuries were not proven to be grievous or life-threatening — The prosecution maintained that the case was proven beyond reasonable doubt based on witness testimonies and medical reports — The court found inconsistencies in the defense's alibi and supported the prosecution's ev
India Law Library Docid # 2419397

(526) LOKESH Vs. THE STATE OF MADHYA PRADESH AND ANOTHER[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 06-11-2024
Penal Code, 1860 (IPC) — Sections 363, 366, 376(2)(f) and 376(2)(g) — Kidnapping and gang rape of a two-year-old girl — The victim was found with severe injuries and DNA evidence linked accused to the crime — Whether the conviction and sentence were based on proper appreciation of evidence and legal provisions — The appellants claimed they were falsely implicated due to previous animosity and pointed out contradictions in witness testimonies — The prosecution argued that the evidence, including
India Law Library Docid # 2419398

(527) SANITHJAN S. AND OTHERS Vs. UNION OF INDIA AND OTHERS[KERALA HIGH COURT] 06-11-2024
Kerala Motor Vehicle Taxation Act, 1976 — All India Tourist Vehicles (Permit) Rules, 2023 — The petitioners challenged the demand and collection of tax on tourist vehicles holding permits — Whether the 2023 Rules override the 1976 Act, and if the State can levy taxes on vehicles holding a permit under the 2023 Rules — The petitioners argued that the 2023 Rules, being a Union legislation, should prevail over the 1976 Act, and no additional taxes should be levied by the State — The respondents con
India Law Library Docid # 2419627

(528) SUSEELAN AND OTHER Vs. STATE OF KERALA[KERALA HIGH COURT] 06-11-2024
Penal Code, 1860 (IPC) — Section 337, 304 Part II — Motor Vehicles Act, 1988 — Section 185 — The case involves an accident where the accused allegedly drove a car under the influence of alcohol, causing the death of ‘S’ and injuring his wife and son — Whether the accused committed culpable homicide not amounting to murder under Section 304 Part II IPC or a lesser offense under Section 304A IPC — The defense argued that the trial court erred in convicting the accused under Section 304 Part II IPC
India Law Library Docid # 2419647

(529) PROSECUTRIX XYZ Vs. YOGESH SINGH @ ASHOK SINGH AND OTHER[CHHATTISGARH HIGH COURT] 06-11-2024
Penal Code, 1860 (IPC) — Sections 376 and 506(B) — Rape — Acquittal — Appeal against — Whether the trial court erred in acquitting the accused despite evidence presented by the prosecution — The prosecutrix argued that the trial court's judgment was perverse and failed to appreciate the evidence, including the FSL report showing human spermatozoa — The defense argued that the evidence was insufficient, highlighting the lack of injuries on the prosecutrix and the delay in lodging the FIR —The cou
India Law Library Docid # 2419713

(530) RANU SINGH AND OTHERS Vs. STATE OF RAJASTHAN AND OTHERS[RAJASTHAN HIGH COURT] 06-11-2024
Service Law — Absorption — The petitioners, employed as Helper Pump Drivers by the Municipal Board, Takhatgarh, faced job insecurity due to a 2005 notification by the Public Health and Engineering Department (PHED) to outsource the water supply system's operation and maintenance — Whether the petitioners should be absorbed by PHED or allowed to continue their services with the Municipal Board until superannuation — The petitioners argued for absorption into PHED, citing past instances where empl
India Law Library Docid # 2419844

(531) COURT ON ITS OWN MOTION Vs. SANJEEV KUMAR[DELHI HIGH COURT] 06-11-2024
Contempt of court — Respondent filed multiple complaints and petitions related to an alleged rape incident involving his wife, which she denied — He also made numerous complaints against judicial officers — Whether respondent’s actions and allegations constitute criminal contempt of court — Respondent argued that his complaints were valid and that the judicial officers were biased and failed to perform their duties — The judicial officers and amicus curiae highlighted respondent’s pattern of fil
India Law Library Docid # 2420001

(532) SATISH KUMAR AND OTHERS Vs. ARUN PRATAP SINGH AND OTHERS[DELHI HIGH COURT] 06-11-2024
Motor Accident Claims — 90% permanent disability — Awarded Rs. 12,88,978/- as compensation by the Tribunal — The appeal challenges the compensation amount, specifically the loss of salary, future prospects, and attendant charges — The petitioner argued for full salary compensation due to permanent disability, inclusion of future prospects, and lifetime attendant charges — The court modified the attendant charges, increasing the total compensation to Rs. 15,13,978/- with 9% interest per annum on
India Law Library Docid # 2420002

(533) CHET RAM AND OTHERS Vs. UNION OF INDIA AND ANOTHER[DELHI HIGH COURT] 06-11-2024
Land Acquisition Act, 1894 — Section 54 — The appellants, co-owners of land challenged the compensation awarded for their land acquired for planned development — Enhancement of compensation — The Land Acquisition Collector (LAC) initially set the compensation at Rs. 2,684/- per square yard, which was later enhanced by the reference court to Rs. 8,840.76/- per square yard — The main issues were the correct market value of the land at the time of notification, entitlement to higher compensation, i
India Law Library Docid # 2420003

(534) SANJEEV KUMAR Vs. STATE OF NCT OF DELHI AND OTHERS[DELHI HIGH COURT] 06-11-2024
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — Section 14A — Appellant a practicing advocate from the SC/ST community, alleged that he received casteist remarks and threats over the phone — Despite complaints to the police, no action was taken, leading to a complaint under various sections of IPC and the SC/ST Act — The main issues were whether the alleged casteist remarks and threats were made in public view and whether there was sufficient evidence to frame charge
India Law Library Docid # 2420004

(535) CALCOM ELECTRONICS LTD Vs. THE COMMISSIONER VAT THE TRADE AND TAX DEPARTMENT[DELHI HIGH COURT] 06-11-2024
Delhi Sales Tax Act, 1975 — Section 45 — Delhi Value Added Tax Act, 2004 — Section 106 — The primary issue is whether the appeals should follow the procedure under the repealed DST Act or the DVAT Act, particularly in light of amendments to Section 106 of the DVAT Act — The petitioners argue that their appeals are maintainable under the DVAT Act and that the procedure under the DST Act should not apply — The respondents contend that the appeals should follow the procedure under Section 45 of the
India Law Library Docid # 2420005

(536) KULDEEP SINGH Vs. THE STATE OF NCT OF DELHI AND ANOTHER[DELHI HIGH COURT] 06-11-2024
Penal Code, 1860 (IPC) — Sections 498A, 304B, 406, 506 and 34 — The petitioner was accused of domestic violence and dowry demands, leading to his wife's suicide — He was initially granted bail but allegedly violated its terms by threatening the deceased's family — The main issue was whether the bail granted to the petitioner should be canceled due to his alleged threats and intimidation towards the deceased's family — The petitioner argued that the bail cancellation was unjust, claiming the thre
India Law Library Docid # 2420006

(537) RAVIKANT SHUKLA Vs. STATE OF U.P. AND OTHERS[ALLAHABAD HIGH COURT (LUCKNOW BENCH)] 06-11-2024
The petitioner was suspended from his position as Village Development Officer due to allegations of misconduct related to the MNREGA Scheme — The main issues include whether the suspension was justified and whether the allegations against the petitioner were valid — The petitioner argued that the charges were false and vague, and that the suspension was based on an unverified complaint — The respondents contended that the allegations were serious and warranted an inquiry, and that the suspension
India Law Library Docid # 2420035

(538) DEVENDER KUMAR Vs. STATE OF HIMACHAL PRADESH[HIMACHAL PRADESH HIGH COURT] 06-11-2024
Narcotic Drugs and Psychotropic Substances Act, 1985 — Sections 21, 27 and 29 — Possession of 22.04 grams of heroin — Bail — Co-accused is already on bail — Whether accused should be granted bail despite the serious nature of the charges and the co-accused absconding — The petitioner argues false implication, lack of conscious possession, and inordinate trial delay — He highlights that co-accused is on bail and trial delays are not his fault — The state opposes bail, citing the gravity of the of
India Law Library Docid # 2420087

(539) RAJU GHARTI AND OTHERS Vs. STATE OF H.P.[HIMACHAL PRADESH HIGH COURT] 06-11-2024
Narcotic Drugs and Psychotropic Substances Act, 1985 — Sections 18 and 50 — Possession of 2.740 kg of opium — The main issues were whether the police complied with the mandatory requirements of the NDPS Act and whether the evidence presented was sufficient to convict the appellants — The appellants argued that the trial court erred in convicting them due to contradictions in witness statements and non-compliance with Section 50 of the NDPS Act — The State maintained that the police followed prop
India Law Library Docid # 2420088

(540) KAMLESH AND OTHERS Vs. UMESH KUMAR AND ANOTHER[HIMACHAL PRADESH HIGH COURT] 06-11-2024
H.P. Urban Rent Control Act, 1987 — Section 26 — Eviction — The petitioners were tenants who faced eviction from a shop — The landlords sought eviction due to arrears of rent and non-occupancy — The main issues were whether the eviction order was valid and if the petitioners' objections to the execution of the eviction order were justified — The petitioners argued that the eviction order was against the facts and law, the objections were dismissed without proper procedure, and they were not give
India Law Library Docid # 2420089