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(521) THE LIFE INSURANCE CORPORATION AND OTHERS Vs. SOURABH AND OTHERS[KARNATAKA HIGH COURT (DHARWAD BENCH)] 06-08-2024
Karnataka High Court Act, 1961 — Section 4 — The Life Insurance Corporation (LIC) challenged a single judge's order directing them to appoint respondent to a permanent vacancy — Whether the court can direct an appointment and if respondent was within the zone of consideration for the vacancy — LIC argued that courts should not direct appointments and that Saraf was not within the zone of consideration — Respondent's counsel argued that LIC, as a state entity, must adhere to its representations a
India Law Library Docid # 2417047

(522) SMT. CHENNAMMA Vs. THE REGIONAL COMMISSIONER KALABURAGI REGION AND OTHERS[KARNATAKA HIGH COURT (KALABURAGI BENCH)] 06-08-2024
Wakf Act, 1995 — Section 83 — Constitution of Tribunals — The petitioner claims ownership of land based on a registered sale deed from 2012 — The land was previously cultivated by Inamdars and went through several ownership changes — The main issue is the illegal entry of the Wakf Board's name in the revenue records without due process, which the petitioner seeks to quash — The petitioner argues that the revenue entries were made in her name based on valid sale deeds and that the Wakf Board's na
India Law Library Docid # 2417048

(523) ARVIND KEJRIWAL Vs. CENTRAL BUREAU OF INVESTIGATION THROUGH DIRECTOR[DELHI HIGH COURT] 05-08-2024
Penal Code, 1860 (IPC) — Section 120-B and 477A — Prevention of Corruption Act, 1988 — Section 7 — Prevention of Money Laundering Act, 2002 — Section 19 — Bail — Whether the High Court should hear the bail application directly or if it should first be considered by the Special Judge — The High Court has concurrent jurisdiction to hear the bail application — The petitioner is willing to forego the option of filing the bail application before the trial court — The bail application should first be
India Law Library Docid # 2416504

(524) MANJEET SINGH Vs. SANT KAUR[DELHI HIGH COURT] 05-08-2024
Civil Procedure Code, 1908 (CPC) — Order 23 Rule 1 read with Order 12 Rule 11 — The petitioner is defending a civil suit filed by his sister regarding property disputes. The sister had previously filed a similar suit which she withdrew — Whether the liberty to file a fresh suit was granted when the earlier suit was withdrawn, and whether the current suit is maintainable — The petitioner argued that since the earlier suit was withdrawn without explicit liberty to file afresh, the current suit sho
India Law Library Docid # 2416505

(525) JITENDRA Vs. THE STATE OF MADHYA PRADESH[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 05-08-2024
Protection of Children from Sexual Offences, 2012 — The appellant was convicted under Section 9(m)/10 of the POCSO Act for molesting a 9-year-old girl — Whether the appellant assaulted the prosecutrix to outrage her modesty with sexual intent — The appellant claimed false implication due to old animosity and argued that the evidence was contradictory — The prosecution relied on the testimonies of the victim and other witnesses, asserting the appellant's guilt — The court upheld the conviction an
India Law Library Docid # 2416506

(526) MANORAMA GUPTA Vs. VISHAL GUPTA AND OTHERS[MADHYA PRADESH HIGH COURT] 05-08-2024
Suit for declaration of title based on a family settlement deed — Both parties filed a compromise petition, which was accepted by the trial court — Whether the first appeal was maintainable against the trial court's order based on a compromise petition — The first appeal was not maintainable as the order was passed with the consent of the parties, and such orders can only be challenged in the same court — The first appeal was maintainable, and the trial court's condition regarding the registrati
India Law Library Docid # 2416508

(527) HEMANT KAROLIYA (PANCHAL) Vs. THE STATE OF MADHYA PRADESH AND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 05-08-2024
Service Law — Compassionate Appointment — The petitioner sought a compassionate appointment after his father's death — He was appointed as Assistant Grade III but later discovered another individual, ‘K’ was appointed as Gram Sahayak, a position he desired — Whether the petitioner should be appointed as Gram Sahayak, similar to ‘K’ based on new documents obtained under the Right to Information Act — The petitioner argued that his case was on a better footing than Kaushal Joshi's and that he shou
India Law Library Docid # 2416509

(528) LAADSINGH Vs. THE STATE OF MADHYA PRADESH[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 05-08-2024
Penal Code, 1860 (IPC) — Section 392 — Robbery — Looting of a mobile phone and a Scooty — The petitioner challenged the conviction and sentence, arguing for a reduction in the sentence due to already serving more than one year — The petitioner did not contest the conviction but requested leniency in sentencing, citing the absence of a criminal past and the ordeal of the trial — The State supported the trial court's judgment, asserting that the conviction and sentence were appropriate — The court
India Law Library Docid # 2416510

(529) JOSHI MADHAVI Vs. UNION OF INDIA, THROUGH SECRETARY MINISTRY OF HOME AFFAIRS, NEW DELHI, AND OTHERS[TELANGANA HIGH COURT] 05-08-2024
Penal Code, 1860 (IPC) — Section 302 — Murder — Grant of remission — The appellant's husband was convicted for the murder of an MP and his security officer in 1995 — He has been in jail since then and has shown significant reformation — Whether the State or Central Government is the appropriate authority to grant remission, and whether the appellant's husband deserves remission — The appellant argued that her husband is reformed and the State Government is the appropriate authority to grant remi
India Law Library Docid # 2416511

(530) CHIRMANI GANESH Vs. THE STATE OF TELANGANA[TELANGANA HIGH COURT] 05-08-2024
Penal Code, 1860 (IPC) — Sections 302 and 304 Part II — The case involves a dispute between two families that escalated into a violent altercation, resulting in the death and injuries to others — Whether the accused were guilty of murder under Section 302 IPC or culpable homicide not amounting to murder under Section 304 Part II IPC — The defence argued that there were discrepancies in witness testimonies, no specific overt acts attributed to each accused, and that the incident was a sudden figh
India Law Library Docid # 2416512

(531) SRI. ATCHALA VENKATA REDDY AND OTHERS Vs. THE STATE OF ANDHRA PRADESH[ANDHRA PRADESH HIGH COURT] 05-08-2024
Penal Code, 1860 (IPC) — Sections 147, 148, 452, 427, 323, 324, 506, 326, 307, 450, 380 read with 109, 120B, 149 — The petitioners sought bail in connection with a 2021 incident involving an attack on the TDP office by YSRCP supporters, resulting in injuries and property damage — Whether the petitioners should be granted bail considering the severity of the charges and the political context — The FIR is false and politically motivated, the delay in investigation, no criminal antecedents, and no
India Law Library Docid # 2416513

(532) M.I. RAMAMURTHY Vs. THE STATE OF ANDHRA PRADESH AND OTHERS[ANDHRA PRADESH HIGH COURT] 05-08-2024
Penal Code, 1860 (IPC) — 366, 376(2), 506 read with 34 — Protection of Children from Sexual Offences, 2012 — Sections 3, 4, 5 and 6 — Bail — The petitioner, a priest, is accused of raping a minor girl — Whether the petitioner should be granted anticipatory bail despite the serious allegations and previous bail rejection — The petitioner claims to be a devoted priest falsely accused, with the investigation concluded and charge sheet filed, making custodial interrogation unnecessary — The prosecut
India Law Library Docid # 2416514

(533) R S INFRAPROJECTS PVT LTD Vs. ZAMIL INFRA PVT LTD AND OTHERS[DELHI HIGH COURT] 05-08-2024
Contract Act, 1872 — Sections 51, 52 and 54 — The plaintiff supplied telecommunication towers to the defendants under a purchase order — The plaintiff claimed delays in payment and issuance of letters of credit by the defendants, leading to delays in supply — Court has territorial jurisdiction, whether the plaintiff is entitled to damages and interest, and whether the plaintiff was in breach of the purchase order terms — The plaintiff argued that the defendants delayed payments and issuance of l
India Law Library Docid # 2416500

(534) SMT. SEEMA KOHLI Vs. SH. SUNIL DUA AND OTHERS[DELHI HIGH COURT] 05-08-2024
Civil Procedure Code, 1908 (CPC) — Order 12 Rule 6 read with Order 20 Rule 18 — Property dispute — The plaintiff and defendants are family members disputing their shares in the property — Whether the plaintiff and defendants each own a 1/4th share in the property and whether a preliminary decree of partition should be passed — The plaintiff argues that there are no triable issues and seeks a preliminary decree of partition, asserting ownership based on inheritance and subsequent legal actions —
India Law Library Docid # 2416501

(535) ARVIND KEJRIWAL Vs. CENTRAL BUREAU OF INVESTIGATION[DELHI HIGH COURT] 05-08-2024
Criminal Procedure Code, 1973 (CrPC) — Sections 41 and 60A — Penal Code, 1860 (IPC) — Sections 120B and 477A — Prevention of Corruption Act, 1988 — Section 7 — Prevention of Money Laundering Act, 2002 — Section 19 — Arvind Kejriwal, Chief Minister of Delhi, was arrested on 26.04.2024 in connection with the Excise Policy, 2021-2022 — An FIR was registered under Sections 120B and 477A of IPC and Section 7 of the Prevention of Corruption Act, 1988 — Kejriwal was not initially named in the chargeshe
India Law Library Docid # 2416502

(536) RAMESH KUMAR Vs. D.R.I[DELHI HIGH COURT] 05-08-2024
Narcotic Drugs and Psychotropic Substances, Act, 1985 — Sections 52A and 67 — Possession of 450 kgs of ganja — Bail — Credibility of the independent witnesses — Petitioner's prolonged incarceration and right to a speedy trial — Petitioner argue that there is delay in sampling contraband violates Section 52A — Independent witnesses are stock witnesses and their testimonies are unreliable — Petitioner has been in custody for over 3 years and the trial is likely to be prolonged — Delay in trial is
India Law Library Docid # 2416503

(537) RAJINDER KUMAR Vs. LALIT MOHAN RAJPROHAT AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 05-08-2024
Civil Procedure Code, 1908 (CPC) — Order 41 Rule 27 — Production of additional evidence in appellate courts — The appellate court to take additional evidence in exceptional circumstances — Dispute over the ownership of land — The plaintiff claims ownership based on sale deeds executed in 1996, while the defendants claim ownership based on a sale deed from 2005 — The main issues are whether the plaintiff is entitled to a declaration of ownership, possession, cancellation of the 2005 sale deed, an
India Law Library Docid # 2416567

(538) SATISH Vs. STATE OF HARYANA AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 05-08-2024
Haryana Panchayati Raj Act, 1994 — Sections 59 and 161 — Haryana Panchayati Raj Election Rules, 1994 — Rules 6 and 61 — Election of Gram Panchayat, Panchayat Samitis, and Zila Parishad — The petitioner was elected as Chairman of Panchayat Samiti, Barwala (Hisar), but the election was declared null and void by the State Election Commission due to a reservation error — Whether the respondents were empowered to declare the election null and void and if the impugned order was legal and valid — Petit
India Law Library Docid # 2416568

(539) JATINDER PAL Vs. STATE OF PUNJAB AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 05-08-2024
Punjab Municipal Act, 1911 — Section 22 — Resignation or removal of the President and Vice-President of a municipal committee — The petitioner was removed from the post of President, Municipal Council, Jagraon, for allegedly violating Section 22 of the Act, 1911 — Whether the petitioner's actions amounted to an abuse of power and if the removal order was legal and valid — The petitioner argued that his actions were in line with the policy and that there was no abuse of power or violation of rule
India Law Library Docid # 2416569

(540) STATE OF PUNJAB Vs. SUKHJINDER SINGH @ SUKHA[PUNJAB AND HARYANA HIGH COURT] 05-08-2024
Penal Code, 1860 (IPC) — Sections 364-A and 302 —Kidnapping and murdering a 7-year-old boy for ransom in 2010 — The appeal challenges the conviction and death sentence, arguing mis-appreciation of evidence and procedural lapses — The defense argued that the prosecution failed to prove the ransom call, the recovery of hair and foot moulds was dubious, and the case did not qualify as the "rarest of rare" for a death sentence — The State argued that the conviction and sentence were well-founded on
India Law Library Docid # 2416578