(581) HIREN MANHARLAL DHRUV Vs. MANISHBHAI BIPINCHANDRA SHAH AND ANOTHER[GUJARAT HIGH COURT] 31-07-2024 Gujarat Rents, Hotel and Lodging House Rates Control Act, 1947 — Sections 13(1)(l) and 29(2) — The case involves a tenant and landlords — The landlords sought eviction based on the tenant acquiring alternative accommodation — Whether the suit for eviction is barred by the law of limitation and whether the tenant acquired suitable alternative accommodation — The tenant argued the suit is time-barred and that the landlords knew about the alternative accommodation for over 12 years — They also clai India Law Library Docid # 2416444
(582) SUBODH KUMAR AND OTHERS Vs. RAKESH KUMAR AND OTHERS[HIMACHAL PRADESH HIGH COURT] 31-07-2024 Service Law — Seniority — Temporary/contract appointee of first category on regularization shall be entitled for counting of temporary/contractual service for all service benefits since their initial date of appointment including seniority, annual increments and pensionary benefits, whereas such appointee of second category, on regularization shall be entitled for annual increment and pensionary benefits etc. but not for seniority. India Law Library Docid # 2416445
(583) HINDUSTAN PETROLEUM CORPORATION LIMITED AND OTHERS Vs. M/S SHAHEED RAJ KUMAR FILLING STATION[HIMACHAL PRADESH HIGH COURT] 31-07-2024 Arbitration and Conciliation Act, 1996 — Section 29A(4) — Extension of time for completion of the arbitral proceedings by extending the mandate of the learned Sole Arbitrator — High Court extended the mandate of a sole arbitrator by six months under Section 29A(4) of the Arbitration and Conciliation Act, 1996, to conclude arbitration proceedings delayed by COVID-19 and severe monsoon conditions — The court directed the parties to appear before the arbitrator by August 2, 2024, to expedite the pr India Law Library Docid # 2416446
(584) SAVITA SHARMA Vs. STATE OF H.P. AND OTHERS[HIMACHAL PRADESH HIGH COURT] 31-07-2024 Penal Code, 1860 (IPC) — Sections 197, 198, 417, 418, 419, 420, 467, 468 and 120-B — Cheating — Petition for quashing the order which the police were directed to register the FIR and carry out the investigation as per law based on the complaint filed by respondent No.3 — The petitioner argues that the complainant did not allege that the accused never intended to honor the promises made during the execution of the exchange deed — The exchange deed does not mention that the accused will not be ent India Law Library Docid # 2416447
(585) SMTI. SUPIYA KHATUN (HEAD TEACHER) Vs. STATE OF MEGHALAYA AND OTHERS[MEGHALAYA HIGH COURT] 31-07-2024 Service Law — Demotion — The petitioner was appointed as Head Teacher in 2001 — In 2016, she was demoted to Assistant Teacher, and 'O’ was appointed as Headmistress — The petitioner challenged the demotion order, claiming it violated her fundamental and constitutional rights — The petitioner argued that her demotion was unjust, lacked due process, and violated natural justice principles — The respondents claimed the petitioner was improperly appointed and that the senior-most teacher should be H India Law Library Docid # 2416421
(586) SAHA ALAM Vs. THE STATE OF TRIPURA[TRIPURA HIGH COURT] 31-07-2024 Narcotic Drugs and Psychotropic Substances Act, 1985 — Section 20(b)(ii)(B) — Passport (Entry into India) Act, 1920 — Section 3 — Passport (Entry into India) Rules, 1950 — Rule 6 — The appellant was convicted for possessing 7.5 kg of dry Ganja and entering India without a valid passport — Petitioner Argue that non-compliance with NDPS Act, improper handling of evidence, and lack of credible witnesses — State contends proper procedures were followed, and evidence was sufficient to prove the charg India Law Library Docid # 2416422
(587) MANGALAM TRADERS Vs. COMMISSIONER OF DELHI VALUE ADDED TAX DEPARTMENT OF TRADE AND TAXES AND ANOTHER[DELHI HIGH COURT] 31-07-2024 Delhi Value Added Tax Act, 2004 — Sections 38, 42 and 59(2) — Petitioner sought refunds for the 4th quarter of 2016-17 and the 1st quarter of 2017-18 — The refunds were delayed, leading to legal proceedings — Whether petitioner is entitled to interest on delayed refunds as per Section 42 of the DVAT Act — The petitioner argued that they are entitled to statutory interest on delayed refunds as per Section 42 of the DVAT Act — The respondents contended that the delay was due to legal issues, and h India Law Library Docid # 2416423
(588) GOVT. OF NCT OF DELHI AND OTHERS Vs. SHASHANK SINGH TOMAR AND OTHERS[DELHI HIGH COURT] 31-07-2024 Service Law — Regularization — Contractual basis — The respondents were engaged as Welfare Officers on a contractual basis between 2008 and 2012 — They sought regularization of their services — Whether the respondents, who were contractual employees, should be regularized despite not being selected through a regular recruitment process — The petitioners argued that the respondents were not selected through a regular recruitment process and had failed to qualify in subsequent recruitment exams — India Law Library Docid # 2416424
(589) GULAB SINGH AND OTHERS Vs. THE STATE OF MADHYA PRADESH[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 31-07-2024 Penal Code, 1860 (IPC) — Sections 323, 324, 325 and 427 — Assault and property damage — The appeal focused on the sentencing of the appellants, with arguments for leniency due to the long duration of the trial — The appellants sought reduced sentences, citing the prolonged trial period and the lack of criminal history — One appellant, a government servant, requested probation to avoid career impact — The government advocate opposed the appeal, supporting the trial court's judgment and emphasizin India Law Library Docid # 2416425
(590) STATE OF J&K AND OTHERS Vs. VINOD KUMAR AND OTHERS[JAMMU AND KASHMIR HIGH COURT] 31-07-2024 Service Law — The petitioners were appointed as Daily Wagers/Daily Rated Workers between 1986 and 1994 — They were not regularized despite completing seven years of service, unlike others in similar positions — Whether the petitioners, who were engaged as part-time workers and paid consolidated wages, should be regularized — The petitioners argued that they had completed the required seven years of service and were entitled to regularization under SRO 64 of 1994 — The respondents claimed the pet India Law Library Docid # 2416448
(591) RADOX TRADER PVT. LTD. AND ANOTHER Vs. APARNA ASHRAM SOCIETY AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 31-07-2024 Contempt of Courts Act, 1971 — The case involves contempt appeals arising from orders made by the Contempt Bench of the Punjab & Haryana High Court regarding the management and sale of land belonging to Aparna Ashram Society, established by Swami Dhirendra Brahmchari — Whether the contempt petitions were valid and whether the orders passed by the Contempt Bench were within its jurisdiction — The petitioners argued that the respondents violated a judgment and decree by selling the land and that t India Law Library Docid # 2416573
(592) MANPREET SINGH @ HAPPY @ MAAN Vs. STATE OF PUNJAB[PUNJAB AND HARYANA HIGH COURT] 31-07-2024 Penal Code, 1860 (IPC) — Sections 379B and 411 — Snatching a gold chain — Bail —Whether the petitioner should be granted bail despite his criminal history and the serious allegations against him — Petitioner claims false implication, long custody period, and cites previous judgments supporting bail — State opposes bail due to the petitioner's active involvement in the crime and his criminal history —Bail granted due to prolonged custody, poor jail conditions, and the principle that "bail is a ru India Law Library Docid # 2416604
(593) TARUN SHRAMA @ TARUN Vs. STATE OF PUNJAB[PUNJAB AND HARYANA HIGH COURT] 31-07-2024 Narcotic Drugs and Psychotropic Substances Act, 1985 — Sections 22(C) and 37 — Possession of 53,100 intoxicant tablets — In custody since September 2, 2021 — Bail — Whether petitioner should be granted bail despite the recovery of a commercial quantity of contraband — Petitioner claims false implication, non-compliance with mandatory provisions, and lack of independent witnesses — He is a first-time offender and has been in custody for a long time —The State argues that due to the commercial qua India Law Library Docid # 2416617
(594) PUSHPA VERMA AND OTHERS Vs. THE CHANCELLOR AND OTHERS[UTTARAKHAND HIGH COURT] 31-07-2024 Uttar Pradesh State Universities Act, 1973— Section 31(3)(b) — Petitioners were appointed as teachers against leave vacancies in Kumaon University — They claim these vacancies have become permanent, entitling them to substantive appointments —Whether the petitioners are entitled to substantive appointments after serving in leave vacancies that have become permanent —Petitioners argue they were appointed through a regular selection process and have served for over ten years, thus deserving perman India Law Library Docid # 2417081
(595) BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD Vs. SUNITA VIRENDRA @ BIRENDRA SAHANI[BOMBAY HIGH COURT] 30-07-2024 Motor Vehicle Act, 1988 — Section 166 — Compensation — The deceased was hit by an autorickshaw on July 25, 2010, and died on July 31, 2010 — His dependents filed a claim for compensation — The appeal raised two main issues: the notional income of the deceased and the dependency of the deceased's parents — The insurance company argued that the notional income of Rs. 6,000 per month was too high and that the deceased's parents were not dependent on him — The respondents argued that the deceased wa India Law Library Docid # 2416431
(596) STATE OF MADHYA PRADESH Vs. VAHID KHAN[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 30-07-2024 M.P. Excise Act, 1915 — Sections 47-A(3)(a) and 47D — Bar of jurisdiction of the Court under certain circumstances — Vehicle Release Unlawful — The High Court overturned a Sessions Judge's order releasing a vehicle seized for alleged illicit liquor transport — It ruled that the Chief Judicial Magistrate lacked jurisdiction as per Sections 47-A(3)(a) and 47-D — The Court's authority to release seized vehicles ceases once the Excise Collector initiates confiscation proceedings and informs the Cour India Law Library Docid # 2416401
(597) GOPAL Vs. STATE OF M.P.[MADHYA PRADESH HIGH COURT (GWALIOR BENCH)] 30-07-2024 Penal Code, 1860 (IPC) —Sections 302 and 304 Part I — Murder — The incident occurred over a dispute about a loan of Rs. 1,000. — Whether the conviction under Section 302/34 IPC was justified and if the act could be considered under Section 304 Part I IPC — The appellant argued that the evidence was not properly appreciated and that the incident was sudden, warranting a lesser charge — The State supported the conviction, stating the evidence was correctly evaluated — The appeal was dismissed, and India Law Library Docid # 2416402
(598) STATE OF M.P. Vs. JAGDISH AND OTHERS[MADHYA PRADESH HIGH COURT (GWALIOR BENCH)] 30-07-2024 Penal Code, 1860 (IPC) — Sections 147, 148, 302 or 302/149 and 307 — Murder and attempt to Murder — Whether the trial court's acquittal of the respondents was based on proper appreciation of evidence and lawful grounds — The prosecution argued that the trial court gave undue importance to minor contradictions in witness statements and that the evidence proved the charges beyond reasonable doubt — The respondents supported the trial court's judgment, arguing that the prosecution's evidence was un India Law Library Docid # 2416403
(599) BHAGATSINGH AND OTHERS Vs. STATE OF MADHYA PRADESH[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 30-07-2024 Penal Code, 1860 (IPC) — Sections 323, 325 and 307 — Assaulting the complainant's son and nephew with a lathi — Whether the conviction under Section 307 IPC was justified given the nature of the injuries — The appellants argued that the conviction was based on a single blow and that the testimonies of witnesses were unreliable due to discrepancies and relationships — The prosecution maintained that the injuries were grievous and supported by medical evidence, justifying the conviction — The cour India Law Library Docid # 2416404
(600) SUBHASH PACHORI Vs. THE STATE OF MADHYA PRADESH AND OTHERS[MADHYA PRADESH HIGH COURT] 30-07-2024 Constitution of inquiry — Human Resources Policy — The petitioner challenged the constitution of an inquiry board that did not comply with the Human Resources Policy of the respondent bank — The main issue was the non-availability of senior officers to form a compliant inquiry board as per the bank's policy — The petitioner argued that the inquiry board members were not of the required rank and included officers not employed by the bank — The respondents admitted the non-compliance but highlight India Law Library Docid # 2416405