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(561) KIRPAL SINGH KOONER Vs. STATE OF U.T., CHANDIGARH AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 01-08-2024
Penal Code, 1860 (IPC) — 323, 452, 506 and 34 — The petitioner challenged the judgment that criticized the investigation in an FIR registered in 2012 — The trial court had acquitted the accused but noted faulty investigation by the police — The main issue was whether the trial court's remarks and the subsequent FIR against the investigating officers were justified — The petitioner argued that the remarks were made without following proper procedures and without giving the officers a chance to de
India Law Library Docid # 2416616

(562) REV.FR.S.BASIL XAVIER Vs. STATE[MADRAS HIGH COURT (MADURAI BENCH)] 01-08-2024
Service Law — A lecturer appointed in a private aided college in 1998 sought approval of his appointment, which was granted in 2000 with an effective date from 1999 — Displeased with the delay and its impact on his seniority and promotions, he filed a writ petition under Article 226 of the Indian Constitution, arguing that approval should have been from his original appointment date — Citing precedents, he claimed no prior permission is needed for filling vacancies in aided colleges and that the
India Law Library Docid # 2416682

(563) DR.R.RAMESH Vs. THE MANONMANIAM SUNDARANAR UNIVERSITY AND OTHERS[MADRAS HIGH COURT (MADURAI BENCH)] 01-08-2024
Service Law — Forged Service Certificate — The High Court dismissed the writ appeal filed by appellant, an Associate Professor at Manonmaniam Sundaranar University, who challenged a charge memo accusing him of submitting a forged service certificate during his appointment — Appellant argued that the charges were retaliation for his complaint about financial irregularities within the university — However, the court found that the university's Syndicate had legitimate reasons to doubt the authenti
India Law Library Docid # 2416683

(564) THE RELIANCE GENERAL INSURANCE COMPANY LIMITED AND OTHERS Vs. SUPREETH S. @ SUPREETH SATHYENDRA SINCE DEAD BY HIS LRS AND OTHERS[KARNATAKA HIGH COURT] 01-08-2024
Motor Accident Claims — The case involves a motor vehicle accident on 18.11.2014, where the deceased, Supreeth, sustained severe injuries and later died in 2018 — The accident occurred due to a lorry's sudden turn without signaling, causing a collision with the car Supreeth was in — The main issues are the liability of the insurance company and the amount of compensation awarded — The insurance company argued that the driver of the car was solely negligent and that the compensation amount was ex
India Law Library Docid # 2417039

(565) SMT KUSUM JAGDISHCHANDRA SINGH Vs. LIC HOUSING FINANCE LIMITED AND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 31-07-2024
Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 — Sections 13(2), 14 and 18 — The petitioner challenged the order of the Debt Recovery Tribunal (DRT) dismissing her application for condonation of delay and the securitization application — Whether the DRT was correct in dismissing the application as barred by limitation and whether the petitioner should have availed the alternative remedy of appeal — The petitioner argued that the DRT did not f
India Law Library Docid # 2416426

(566) LALCHAND SIRUMAL BHOJWANI Vs. THE STATE OF MAHARASHTRA[BOMBAY HIGH COURT] 31-07-2024
Penal Code, 1860 (IPC) — Sections 376, 420 and 506 — The complainant alleges that the applicant, her employer, sexually assaulted her starting in 1987 and continued to do so over the years, promising marriage and declaring her his second wife — The applicant argues that the relationship was consensual and that the FIR was filed after 31 years only because the relationship soured — The complainant argues that the sexual abuse started when she was 18 and that she was too scared to report it earlie
India Law Library Docid # 2416427

(567) MR. SANJAY ANANDA VIBHUTE AND OTHERS Vs. STATE OF MAHARASHTRA AND OTHERS[BOMBAY HIGH COURT] 31-07-2024
Penal Code, 1860 (IPC) — Sections 498-A, 313, 494, 323, 504, 506 read with Section 34 — Allegations of cruelty, forced abortions, and bigamy — Whether the FIR and subsequent charges should be quashed due to lack of specific allegations and potential abuse of legal process — Petitioner argues that the FIR was filed to harass the petitioners, is time-barred, and lacks specific allegations against petitioners No. 3 and 4 — Respondent cotends that the complainant suffered cruelty and violence, suppo
India Law Library Docid # 2416428

(568) LOVELY JOGINDERSINGH SETHI Vs. NAYEEM RIYAZ KHAN AND OTHER[BOMBAY HIGH COURT] 31-07-2024
Maharashtra Rent Control Act, 1999 — Sections 16(1)(i) and 16(6) — The case involves a dispute over tenancy rights and arrears of rent — The Petitioner (Defendant) was directed to vacate the premises and pay arrears of rent by the Small Causes Court and the District Judge — The main issues are the bonafide requirement of the premises by the Plaintiffs, arrears of rent, and allegations of nuisance and annoyance by the Defendant — The Petitioner argued that the suit should have been filed under a
India Law Library Docid # 2416429

(569) SHRI OM PRAKASH UPADHYA Vs. SHRI VIJAY KUMAR[ALLAHABAD HIGH COURT] 31-07-2024
Civil Procedure Code, 1908 (CPC) — Order 7 Rule 11 and Order 9 Rule 9 — The petitioner filed a petition to set aside judgments from 2022 and 2024, arguing that the respondent's suit is barred by law — Whether the respondent's suit is maintainable under Order VII Rule 11 and Order IX Rule 9 of the CPC — The petitioner argued that the respondent's suit is barred by law due to previous dismissals and lack of
India Law Library Docid # 2416432

(570) RAJ PRATAP YADAV Vs. STATE OF U.P. AND 4 OTHERS[ALLAHABAD HIGH COURT] 31-07-2024
Mines and Mineral (Development and Regulation) Act, 1957 — Section 15(3) — Sand Mining Lease — Termination of — The petitioner was granted a sand mining lease but faced issues with the dilapidated road to the site, leading to financial losses and his decision to surrender the lease — Whether the petitioner is liable to pay the instalments for May and June 2023, and if the lease termination and forfeiture of earnest money were justified — The petitioner argued that the road conditions made mining
India Law Library Docid # 2416433

(571) SMT. SUMAN MISHRA Vs. THE STATE OF U.P AND OTHERS[ALLAHABAD HIGH COURT (LUCKNOW BENCH)] 31-07-2024
Protection of Woman from Domestic Violence Act, 2005 — Sections 12 and 22 — Harassment and abuse — The maintainability of the application under Section 482 of the Cr.P.C. to quash the proceedings under the Domestic Violence Act — Petitioner argue that the application under Section 482 Cr.P.C. is maintainable, and the proceedings should be quashed as they are an abuse of the process of law — Respondent argue that the application under Section 482 Cr.P.C. is not maintainable,
India Law Library Docid # 2416434

(572) M/S. HOOGHLY BUILDING & INVESTMENT COMPANY LIMITED AND ANOTHER Vs. STATE OF WEST BENGAL AND OTHERS[CALCUTTA HIGH COURT] 31-07-2024
Waqf Act, 1995 — Sections 54, 83 and 85 — In a legal challenge regarding the alleged illegal occupation of Waqf property, the appellants disputed the Waqf Board's authority to issue notices under Section 54 of the Waqf Act, arguing that the property was governed by the West Bengal Thika Tenancy Act, 2001, not the Waqf Act — They also highlighted ongoing civil and Thika proceedings — The respondents, however, insisted that the property was indeed Waqf property and that the appellants, whose lease
India Law Library Docid # 2416435

(573) SRI KRISHNA KOIRI (DECEASED) AND SWAPAN KOERY @ SWAPAN KOIRI Vs. BIMALA DEVI AND OTHERS[CALCUTTA HIGH COURT] 31-07-2024
Succession Act, 1925 — Section 263 — Will — The plaintiff filed for Letters of Administration for the Will of 'K’, which was initially granted but later revoked due to lack of citation to all legal heirs — Whether the testator had the testamentary capacity, the genuineness of the signature, and if the execution of the Will was shrouded by suspicious circumstances — The Will was duly executed and attested, and the delay in filing for probate was explained — The Will was not properly attested, the
India Law Library Docid # 2416436

(574) ASHA BANSAL AND OTHERS Vs. SUNITA TANDON[CALCUTTA HIGH COURT] 31-07-2024
West Bengal Premises Tenancy Act, 1997 — Section 2(g) — The plaintiffs, joint owners of a property, seek eviction and recovery of possession from the defendant, who is the widow of the original tenant's son — Whether the defendant has the right to occupy the property after the deaths of the original tenant and her son — The plaintiffs argue that the defendant is in wrongful occupation and has no legal right to the property — The defendant claims to be the rightful tenant and has filed a suit for
India Law Library Docid # 2416437

(575) GUTHA BABY Vs. RAVI GOPALA KRISHNA[ANDHRA PRADESH HIGH COURT] 31-07-2024
Promissory note — Recovery of an amount — The defendant borrowed Rs.40,000 from Ganta Udaya Lakshmi and executed a promissory note — The plaintiff, who later acquired the note, sued for recovery of the amount with interest — Whether the promissory note was forged, whether the defendant was a small farmer, and whether the plaintiff was entitled to the amount claimed — The defendant claimed the promissory note was forged and that she never borrowed any money from Udaya Lakshmi — The plaintiff argu
India Law Library Docid # 2416438

(576) KONDELU KRUPA RAO Vs. STATE OF AP[ANDHRA PRADESH HIGH COURT] 31-07-2024
Penal Code, 1860 (IPC) — Sections 376 (2) (i) read with 511 — Protection of Children from Sexual Offences Act, 2012 — Section 5(m), 6 and 18 — The accused was convicted of raping two minor girls in 2014 — The victims were 7 years old at the time — Whether the prosecution proved the guilt of the accused beyond reasonable doubt and whether the convictions and sentences were sustainable — The defense argued there were no eyewitnesses, disputes existed between the families, and inconsistencies in th
India Law Library Docid # 2416439

(577) V. CHARITHA AND OTHERS Vs. STATE OF ANDHRA PRADESH AND OTHERS[ANDHRA PRADESH HIGH COURT] 31-07-2024
Penal Code, 1860 (IPC) — Section 498A — Dowry Prohibition Act, 1961 — Sections 3 & 4 — The petitioner claims her son was forcibly taken by her husband without legal authority — Whether the father's custody of the child is illegal and if a writ of Habeas Corpus is maintainable — The child, diagnosed with autism, needs special care and was forcibly taken by the father — The father claims lawful custody and disputes the allegations of forcible taking — The court directed the father to return the ch
India Law Library Docid # 2416440

(578) AKHILESH KUMAR Vs. POONAM KUMARI[PATNA HIGH COURT] 31-07-2024
Hindu Marriage Act, 1955 — Section 13 — The appellant married with the respondent, , in 1999 — They have two children — The appellant claims the respondent deserted him in 2005 — Whether the appellant has proved desertion by the respondent as grounds for divorce — The appellant argues that the respondent left the matrimonial home without reason and has not returned since 2005 — He also denies allegations of a second marriage — The respondent denies desertion and claims the appellant married anot
India Law Library Docid # 2416441

(579) YOGENDRA CHAUDHARY Vs. MANOJ KUMAR RAI AND OTHERS[PATNA HIGH COURT] 31-07-2024
Constitution of India, 1950 — Article 226 — The petitioner filed a writ petition to quash an order passed by Sub Judge VI, Samastipur, regarding an amendment petition for correction and addition in the plaint — The main issue is whether the judicial orders of civil courts are amenable to writ jurisdiction under Article 226 of the Constitution of India — The court referred to the Supreme Court's judgment in Radhey Shyam and Another v. Chhabi Nath and Others, which held that judicial orders of civ
India Law Library Docid # 2416442

(580) BADRI PRASAD Vs. BADAN KUMAR SINGH AND OTHERS[PATNA HIGH COURT] 31-07-2024
Civil Procedure Code, 1908 (CPC) — Order 1 Rule 10(2) — The case involves a dispute over land ownership and the validity of gift and sale deeds related to the property — Whether the sale deed executed during the pendency of the suit without court permission is valid and if the intervenor can be added as a co-plaintiff — The petitioner argued that the sale deed was executed without court permission and that the intervenor is not a necessary party — The respondent claimed that the intervenor has a
India Law Library Docid # 2416443