(541) KAMAL JEET Vs. H.P. VIDHAN SABHA AND OTHERS[HIMACHAL PRADESH HIGH COURT] 06-11-2024 Recruitment and Promotion (R&P) Rules — Post of Junior Translator — The petitioner challenged the selection of respondent No.4 for the post of Junior Translator (OBC) alleging that respondent No.4 was ineligible and had submitted fabricated educational certificates — Whether respondent No.4 met the eligibility criteria for the post and whether the petitioner should be appointed in place of respondent No.4 — The petitioner argued that respondent No.4 did not possess the required qualifications an India Law Library Docid # 2420090
(542) KULEN SARMA Vs. UNION OF INDIA AND OTHERS[GAUHATI HIGH COURT] 06-11-2024 Service Law — Removal from Service — Petitioner a Gramin Dak Sevak Branch Postmaster, was removed from service for embezzling Rs. 2,20,000 from various account holders — His appeal to the Central Administrative Tribunal (CAT) was dismissed — The main issue is whether the disciplinary proceedings and the punishment of removal from service were justified and procedurally correct — Petitioner argued that the disciplinary proceedings were flawed and that his financial and household problems led to t India Law Library Docid # 2420427
(543) MAHENDRA @ MOHINDAR SHAW AND OTHERS Vs. STATE OF WEST BENGAL[CALCUTTA HIGH COURT] 06-11-2024 Criminal Law — Admissibility of Test Identification Parade (TIP) Evidence — The court upheld the admissibility of evidence from Test Identification Parades (TIPs) conducted in the presence of witnesses (PW-11 and PW-21) and noted that the identification of the appellants by the victims and witnesses in these parades was credible and sufficient to establish their presence at the crime scene. India Law Library Docid # 2420580
(544) SANTI SUDHA DAS (DECEASED) AND ANOTHER Vs. ARINDAM DAS[CALCUTTA HIGH COURT] 06-11-2024 Penal Code, 1860 (IPC) — Sections 420 and 404 — The complainant alleges that his father intended to equally divide a property between him and his brother (Accused 1) —The father was suffering from dementia, was allegedly persuaded by Accused 1 to execute a Gift Deed in favor of Accused 1, transferring a plot of land — The complainant discovered the Gift Deed after his father's death and claims that Accused 1 misappropriated financial documents and deposits of the deceased father — The petitioner India Law Library Docid # 2420581
(545) KUSUM SHAW AND OTHERS Vs. UNITED INDIA INSURANCE CO. LTD. AND OTHERS[CALCUTTA HIGH COURT] 06-11-2024 Motor Vehicle Act, 1988 — Section 166 — Enhancement of compensation — The tribunal had based its award on the income tax returns filed by the deceased, but the insurance company contested the assessment — The High Court of Calcutta, referencing Supreme Court decisions like Anjali v. Lokendra Rathod and K. Ramya v. National Insurance Co. Ltd., upheld the reliability of income tax returns for determining compensation — Relying on these precedents and the specific income tax return of the deceased, India Law Library Docid # 2420681
(546) STATE OF WEST BENGAL AND OTHERS Vs. REBEKA KHATUN MOLLA ALIAS REBEKA MOLLA AND OTHERS[CALCUTTA HIGH COURT] 06-11-2024 Custodial Torture — The petitioners claim custodial torture in a case linked to the RG Kar Medical College incident — Medical reports from two facilities show discrepancies in their injuries — Initially, a Special Court denied police custody extensions, citing lack of direct allegations and seized evidence — The High Court transferred the investigation to the CBI due to suspected torture and local police bias — The State disputed torture claims and noted the female officer involved — The petitio India Law Library Docid # 2420682
(547) AVASANI SIVASANKAR Vs. STATE OF ANDHRA PRADESH AND OTHERS[ANDHRA PRADESH HIGH COURT] 06-11-2024 Brief facts of the case are that the petitioner was appointed as Assistant Bill Collector (Temporary employee) in the 3rd respondent office in the month of September, 2014 on contract basis and since then, the petitioner discharging his duties. While things stood thus, the 3rd respondent in the month of November, 2019 informed the petitioner that his services as Assistant Bill Collector were no more required and need not required to attend the duties. When the petitioner asked for reason for dis India Law Library Docid # 2420885
(548) BONU SRINU AND OTHERS Vs. STATE OF AP AND OTHERS[ANDHRA PRADESH HIGH COURT] 06-11-2024 Appellant in Criminal Appeal No.340 of 2016 is A.1 in Sessions Case No.171 of 2013 on the file of the I Additional District and Sessions Judge, Srikakulam (hereinafter referred to, as ‘learned Sessions Judge’). The learned Sessions Judge, vide the impugned judgment dated 11.04.2016 in the aforesaid Sessions Case, found him guilty of the offences punishable under Sections 304B and 498A of the Indian Penal Code, 1860 (for brevity ‘IPC’), accordingly convicted him and sentenced to undergo rigorous India Law Library Docid # 2420886
(549) THE VICE CHANCELLOR Vs. SMT MEKALA MARIAMMA AND OTHERS[ANDHRA PRADESH HIGH COURT] 06-11-2024 The present appeal is filed under Section 30 of the Employees Compensation Act, 1923 questioning the order dated 22.09.2014 in E.C.Case No.25 of 2011 passed by the Commissioner for Employees Compensation Act-cum-Assistant Commissioner of Labour, Tenali. India Law Library Docid # 2420887
(550) SAROJ KATARIYA AND OTHERS Vs. THE STATE OF MADHYA PRADESH AND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 05-11-2024 Madhya Pradesh Municipalities Act, 1961 — Section 43A — The appellants filed a writ appeal against the order allowing the writ petition by respondent No.4, which quashed a No-Confidence Motion notice against the President of the Municipal Council — Whether the amendment to Section 43A of the Act, extending the protection period from two to three years, applies retrospectively or prospectively — The appellants argued that the amendment should not apply retrospectively, as the No-Confidence Motion India Law Library Docid # 2419399
(551) BAKAR ALI Vs. THE STATE OF MADHYA PRADESH[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 05-11-2024 Penal Code, 1860 (IPC) — Sections 458, 392, 397, 364-A and 429 — Robbery, kidnapping, and killing a dog during a home invasion — The main issue was whether the conviction under Section 364-A was justified — The appellant argued that the prosecution failed to prove the case beyond a reasonable doubt, particularly the elements required for Section 364-A — The State contended that the trial court's judgment was based on clear and cogent evidence, establishing the appellant's guilt — The court found India Law Library Docid # 2419400
(552) T. K. MAKKAR AND OTHERS Vs. MEERAVU HAJI AND OTHERS[KERALA HIGH COURT] 05-11-2024 Waqf Act, 1995 — Section 85 — The case involves a decree obtained in 2000 regarding the management and possession of a mosque, which remains unexecuted — The petitioners are members of the Thottathikkulam family, who claim the right to manage the mosque — The main issues are whether the decree is executable and whether the civil court has jurisdiction to execute it after the constitution of the Waqf Tribunal — The petitioners argue that the civil court has jurisdiction to execute the decree and India Law Library Docid # 2419644
(553) C.V. JOHN Vs. MANI C.KAPPEN AND OTHERS[KERALA HIGH COURT] 05-11-2024 Representation of the People Act, 1951 — Sections 77(1), 77(2) and 123(6) — The petitioner contested the 2021 Legislative Assembly election from Pala constituency and challenged the election of the first respondent on grounds of corrupt practices related to election expenditure — The main issues were whether the first respondent exceeded the prescribed election expenditure limit, failed to maintain proper accounts, and whether these actions amounted to corrupt practices under the Act, 1951 — The India Law Library Docid # 2419645
(554) ABDUL KHADER AND OTHERS Vs. THE STATE OF KERALA[KERALA HIGH COURT] 05-11-2024 Penal Code, 1860 (IPC) — Sections 498A, 304B and 306 read with section 34 — Suicide — Matrimonial cruelty and dowry harassment by husband and in-laws — The main issue is whether the accused are guilty under Section 498A read with Section 34 of IPC for cruelty and harassment leading to suicide — The appellants argued that ordinary quarrels do not constitute cruelty under Section 498A and questioned the validity of the marriage — The prosecution presented evidence from multiple witnesses to prove India Law Library Docid # 2419646
(555) PROFESSOR N.D.R. CHANDRA Vs. STATE OF CHHATTISGARH AND OTHERS[CHHATTISGARH HIGH COURT] 05-11-2024 Chhattisgarh Vishwavidyalaya Adhiniyam, 1973 — Sections 14 and 52(1) — The petitioner challenged several notifications and orders related to his removal as Vice Chancellor of Bastar Vishwavidyalaya, citing procedural lapses and lack of proper inquiry — Whether the State Government was justified in invoking Section 52 of the Chhattisgarh Vishwavidyalaya Adhiniyam, 1973, to remove the petitioner without following the due process under Section 14 — The petitioner argued that the removal was procedu India Law Library Docid # 2419714
(556) KUNWARLAL Vs. STATE OF CHHATTISGARH[CHHATTISGARH HIGH COURT] 05-11-2024 Penal Code, 1860 (IPC) — Sections 498A, 306 and 304B —Harassment for dowry — Abetment to Suicide — Whether the appellant's actions constituted cruelty and abetment of suicide under Sections 498-A, 306, and 304-B of IPC — The appellant argued that the prosecution's case was based on unreliable witness testimonies and lacked concrete evidence of dowry demands and harassment — The State maintained that the prosecution had proven the appellant's guilt beyond reasonable doubt through witness testimon India Law Library Docid # 2419715
(557) MARRI SUDHAKAR REDDY AND OTHERS Vs. STATE OF TELANGANA[TELANGANA HIGH COURT] 05-11-2024 Penal Code, 1860 (IPC) — Sections 302, 379, 201 and 34 — Murder — The case was based on circumstantial evidence, including the last seen theory and recovery of stolen items — The main issues were the reliability of circumstantial evidence, the identification of the accused, and the validity of the recovered items — The appellants argued that the evidence was circumstantial and unreliable, the identification was flawed, and the recovery of items was not conducted properly — The prosecution mainta India Law Library Docid # 2419770
(558) M/S GOTAN LIMESTONE KHANIJ UDYOG PVT. LTD. Vs. STATE OF RAJASTHAN AND OTHERS[RAJASTHAN HIGH COURT] 05-11-2024 Rajasthan Minor Mineral Concession Rules, 2017 — Rule 15 — The case involves the transfer of mining lease rights to a private limited company, and subsequently to other Company — Whether the transactions are validated by the Rules, 2017, and if the mineral rights can be recorded in the name of the petitioner or its successor — The petitioner argued that the transactions were legal under the new rules, and the State Government's rejection of their application was unjust and violated natural justi India Law Library Docid # 2419846
(559) HEMLATA CHOUDHARY Vs. STATE OF RAJASTHAN AND ANOTHER[RAJASTHAN HIGH COURT] 05-11-2024 Rajasthan Service Rules, 1951 — Rules 96, 59 and 110 — Extraordinary Leave — The petitioner a Clerk Grade II, sought extraordinary leave to pursue a B.Ed. course — Her application was denied by the District & Sessions Judge — Whether the denial of extraordinary leave to the petitioner was justified under the Rajasthan Service Rules, 1951 — The petitioner argued that her request was wrongly treated as a study leave application under Rule 110, while she sought leave under Rule 96 — She also cited India Law Library Docid # 2419847
(560) INDIAN MISSION OF MEDICAL SCIENCES SOCIETY AND OTHER Vs. UNION OF INDIA AND OTHERS[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 05-11-2024 Indian Medical Council Act, 1956 — Section 10A — Petition against the reduction of their MBBS intake capacity from 150 to 100 seats by the National Medical Commission (NMC) — The main issue is whether the reduction in intake capacity was justified based on the deficiencies found during inspections — The petitioners argued that the reduction was arbitrary and that they had made significant investments in infrastructure — They also claimed that similar deficiencies in other colleges were allowed t India Law Library Docid # 2419824