(581) G. KRISHNA RAO Vs. C. SARASWATHAMMA[ANDHRA PRADESH HIGH COURT] 05-11-2024 The Petitioner is the Defendant. The respondent filed a suit for recovery of money on the strength of promissory note said to have been executed by the petitioner. Though the notices were sent to the petitioner to the address mentioned in the plaint, the same were returned. Thereupon, the respondent/Plaintiff issued Notice on the petitioner through substitute service by way of paper publication. Even after the substitute service, as there was no appearance for the petitioner, the said suit was d India Law Library Docid # 2420879
(582) T. JAYAMMA Vs. STATE OF ANDHRA PRADESH AND OTHERS[ANDHRA PRADESH HIGH COURT] 05-11-2024 The appellant herein had approached this Court by way of W.P.No.741 of 2023 contending that Ac.1.00 cents in Sy.No.108/3 of Chinna Panduru Village, Varadaiahpalem Mandal, Tirupati District., which had been assigned to her by way of DKT Patta No.47/4/1404 in the year 1994, has been taken over for the establishment of an industrial park without payment of any compensation to her. India Law Library Docid # 2420880
(583) SMT. CHALLA RAMA TULASAMMA Vs. ALLU PULLA REDDY AND OTHERS[ANDHRA PRADESH HIGH COURT] 05-11-2024 This Second Appeal was filed by the Appellant/Plaintiff under Section 100 of the Code of Civil Procedure, 1908 (for short, 'C.P.C.') against the Judgment and decree, dated 29.01.2009 passed in A.S. No.36 of 2004 on the file of Additional Senior Civil Judge’s Court, Narasaraopet (for short, 'the 1stAppellate Court') reversing the Judgment and decree, dated 03.06.2004 passed in O.S.No.447 of 2001 on the file of Principal Junior Civil Judge’s Court, Sattenapalli (for short ‘the trial Court’). India Law Library Docid # 2420881
(584) MUNGANA VINAYAKA VENKATA SATYA DURGA PRASAD Vs. STATE OF ANDHRA PRADESH[ANDHRA PRADESH HIGH COURT] 05-11-2024 This Criminal Revision Case filed under Sections 397 and 401 of Code of Criminal Procedure (Cr.P.C.)/Sections 438 and 442 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) impugns the order dated 21.03.2024 of learned II Additional Judicial First Class Magistrate at Bhimavaram in Crl.M.P.No.239 of 2024 in C.C.No.556 of 2017. Respondent is the State. India Law Library Docid # 2420882
(585) R. RANGA Vs. STATE OF ANDHRA PRADESH[ANDHRA PRADESH HIGH COURT] 05-11-2024 Sole accused in Sessions Case No.237 of 2013 on the file of the Court of Special Sessions Judge - cum- IV Additional District and Sessions Judge, Chittoor at Tirupati, is the appellant. He was tried and convicted by the learned Additional Sessions Judge under Section 302 IPC and was sentenced to suffer imprisonment for „LIFE’. India Law Library Docid # 2420883
(586) MANDAVA JANARDHANA RAO (DIED) AND OTHERS Vs. K VENKATA SATYANARAYANA DIED PER LR. AND OTHERS[ANDHRA PRADESH HIGH COURT] 05-11-2024 The appeal is filed against the judgment and decree dated 12-10-2006 in O.S.No.13 of 1997 passed by the learned VII Additional District and Sessions Judge (Fast Track Court), Vijayawada, Krishna District. The suit is filed for specific performance of agreement of sale. India Law Library Docid # 2420884
(587) RATHEESH @ KOCHANI Vs. STATE OF KERALA[KERALA HIGH COURT] 04-11-2024 Penal Code, 1860 (IPC) — Sections 294(b), 323, 324, and 302 — Murder — Prior enmity — The appellant argued that the conviction was based on improperly evaluated evidence, leading questions by the prosecutor, and unreliable eyewitness testimony — They also contended that the dying declaration was not credible — The prosecution maintained that the evidence, including eyewitness accounts and the dying declaration, clearly established the appellant's guilt — They also highlighted the recovery of the India Law Library Docid # 2419642
(588) YASAR ARAFATH A.M Vs. STATE OF KERALA AND OTHERS[KERALA HIGH COURT] 04-11-2024 Kerala Anti-Social Activities (Prevention) Act, 2007 — Section 15(1)(b) — The petitioner was classified as a "known rowdy" and faced an externment order under the Act, 2007, restricting him from entering Thrissur Revenue District for six months — The petitioner challenged the externment order, arguing that there was an inordinate delay in passing the order and that proceedings under Section 107 of the CrPC were already initiated — The petitioner claimed the delay in passing the externment order India Law Library Docid # 2419643
(589) M/S ARIHANT VARDHMAN BIOTECH AND ANOTHER Vs. STATE BANK OF INDIA AND OTHERS[CHHATTISGARH HIGH COURT] 04-11-2024 Interest Act, 1978 — Recovery of Debts due to Banks and Financial Institution Act, 1993 — Sections 19, 20 and 26(2) — Dispute over the confirmation of an auction sale and compensation for financial losses — Whether the auction purchaser is entitled to restitution by confirmation of sale or compensation by way of interest — The borrower argued that the 12% interest rate was against the Interest Act, 1978, and that they would suffer undue hardship if the order was not set aside — The auction purch India Law Library Docid # 2419727
(590) PRABAL KUMAR DUBEY Vs. STATE OF CHHATTISGARH AND ANOTHERS[CHHATTISGARH HIGH COURT] 04-11-2024 Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 — Section 3(1)(u) — Penal Code, 1860 (IPC) — Section 294 — Caste-based abusive language — Whether the viral audio amounts to insulting a member of SC/ST in a public place and whether the continuation of criminal proceedings is an abuse of process — The applicant argued that the charges were baseless, lacked mens rea, and the conversation did not occur in a public place — The State supported the charges, stating that the Sp India Law Library Docid # 2419728
(591) DINESH KUMAR Vs. THE DEPUTY COMMISSIONER OF INCOME TAX AND OTHERS[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 04-11-2024 Income Tax Act, 1961 — Section 148A(d) — The petitioner filed a writ petition challenging an order under Section 148A(d) related to the assessment year 2019-2020 — The dispute arose from a notice issued based on information about the purchase of an immovable property, which the petitioner denied — The main issue was whether the procedure prescribed under Section 148A of the Income Tax Act was followed, specifically if the Assessing Officer (A.O.) considered the petitioner's reply and provided th India Law Library Docid # 2419838
(592) SMT. SHERLY JACOB Vs. PRINCIPAL SECRETARY, MEDICAL AND HEALTH SERVICES RAJASTHAN, JAIPUR AND OTHERS[RAJASTHAN HIGH COURT] 04-11-2024 Rajasthan Civil Services (Pension) Rules, 1996 — The petitioner served as an Auxiliary Nurse and Midwife (ANM) for 15 years and sought voluntary retirement due to health issues and family responsibilities — The main issue was the non-acceptance of her voluntary retirement application and the denial of retiral benefits by the respondents — She argued that her application for voluntary retirement should be deemed accepted as per the Rules, 1996, since no response was given within the stipulated pe India Law Library Docid # 2419843
(593) SMT. SUMAN LATA KAPUR Vs. STATE OF RAJASTHAN AND OTHERS[RAJASTHAN HIGH COURT] 04-11-2024 Rajasthan Service Rules, 1951 — Rule 86 — The petitioner was terminated from her teaching position in 2000 due to prolonged absence for medical and personal reasons — She sought reinstatement or post-retirement benefits — Whether the termination was lawful and if the petitioner is entitled to post-retirement benefits — The termination was without due process, ignoring her medical and personal circumstances, and violated natural justice principles — The petition was delayed by 24 years, and the t India Law Library Docid # 2419845
(594) ENTERTAINMENT NETWORK (INDIA) LIMITED Vs. HTTPS//TUNEINCOM/PODCASTS/ARTS—CULTURE PODCASTS/ BANGLA-SUNDAY-SUSPENSE-P2082186 AND OTHERS[DELHI HIGH COURT] 04-11-2024 Trade Marks Act, 1999 — Section 29 — The plaintiff claims infringement of its intellectual property rights, including copyrights and trademarks, by the defendants who are allegedly broadcasting and transmitting the plaintiff's audio content without authorization — The main issue is whether the defendants' actions constitute infringement of the plaintiff's intellectual property rights — The plaintiff argues that the defendants are illegally using its copyrighted audio content and trademarks, caus India Law Library Docid # 2420013
(595) GEETA KATYAL AND ANOTHER Vs. MANAK PORTFOLIOS (P) LTD. AND OTHERS[DELHI HIGH COURT] 04-11-2024 Property Dispute — The case involves a dispute over a property originally owned by ‘A’, who bequeathed it to his wife, ‘S’, through a registered Will — The property was later sold to the respondents — The appellants challenged the validity of the Will and the subsequent sale deed, claiming the property should be partitioned — The appellants argued that the earlier suit was withdrawn based on assurances of an amicable settlement, which the respondents did not honor — The respondents contended tha India Law Library Docid # 2420014
(596) JANKI DEVI SHARMA AND OTHERS Vs. STATE AND OTHERS[DELHI HIGH COURT] 04-11-2024 Succession Act, 1925 — Section 276 — The petition was filed for the grant of probate for the last registered Will of ‘O’, dated 02.11.2007 — The Will bequeaths property in New Delhi, to Petitioner No.1 — The main issue was the grant of probate for the Will and the verification of its authenticity — The petitioners, who are the legal heirs, provided evidence of the Will's registration and the Testator's death — They also confirmed the Will's authenticity through witness statements — The court gra India Law Library Docid # 2420015
(597) SMITA CHAUDHARY Vs. MS. TARUNA YADAV[DELHI HIGH COURT] 04-11-2024 Civil Procedure Code, 1908 (CPC) — Order 39 Rule 2A — Injunction — Property Dispute — The petitioner challenges the respondent for violating this order by selling the properties — Whether the sale deeds executed by the respondent in violation of the court's injunction should be declared null and void, and whether the respondent has purged the contempt by depositing the sale consideration — The petitioner argues that the respondent has not purged the contempt as she has not reversed the sale deed India Law Library Docid # 2420016
(598) DEVINDER KUMAR Vs. STATE OF H.P.[HIMACHAL PRADESH HIGH COURT] 04-11-2024 Penal Code, 1860 (IPC) — Section 302 — Murder if Wife by administering insecticide — The conviction was based on deceased’s dying declaration and other evidence — The main issue was whether the dying declaration of deceased was reliable and if the evidence presented was sufficient to convict — The appellant argued that the dying declaration was not reliable due to inconsistencies and lack of certification of deceased's mental state — They also pointed out procedural errors and insufficient evide India Law Library Docid # 2420095
(599) MOHAMMED ALI Vs. T.KALA(DIED) A.NANDAKUMAR[MADRAS HIGH COURT] 04-11-2024 Labour Law — The case involves a compensation claim for the death of ‘S’, filed by his family members — The employer sought dismissal of the claim after the death of the first claimant, arguing the second claimant, being a major, is not a dependent — Whether the second claimant can be considered a dependent of the deceased — The employer argued for dismissal of the claim on the grounds that the second claimant is not a dependent — The claimants argued for compensation due to the death of ‘S' — T India Law Library Docid # 2420338
(600) ABDUL HANNAN LASKAR AND OTHERS Vs. STATE OF ASSAM AND OTHERS[GAUHATI HIGH COURT] 04-11-2024 Assam Municipal Corporation Act, 2022 — Section 3(4) — Inclusion of villages in the newly constituted Silchar Municipal Corporation — The main issue is whether the inclusion of these villages in the municipal corporation was done in violation of legal provisions and without proper consideration of objections — The petitioners argued that their objections were not independently considered by the government, violating the Assam Municipal Corporation Act, 2022, and the Constitution of India — The r India Law Library Docid # 2420426