ive
User not Logged..
Latest Cases

(61) JEET HANG SUBBA Vs. STATE OF SIKKIM[SIKKIM HIGH COURT] 04-12-2024
Penal Code, 1860 (IPC) — Section 376(1) — Protection of Children from Sexual Offences Act, 2012 — Sections 3(a) and 4(1) — Bail — The main issue is whether the court should grant bail and suspend sentence, given his conviction — The court also considered arguments regarding the validity of the conviction, including a negative DNA test and questions about the victim's age and consent — Accused argued his conviction was erroneous due to a negative DNA test, the victim's age not being proven, and h
India Law Library Docid # 2421035

(62) TXXXXX RXX (VICTIM’S FATHER NAME REDACTED) Vs. STATE OF SIKKIM[SIKKIM HIGH COURT] 04-12-2024
Protection of Children from Sexual Offences Act, 2012 — Sections 5(n), 6, 9(l) and 9(n) — Sexually assaulting own daughter — The trial court conviction was based on the victim's testimony and medical evidence — The appeal challenged citing doubts about the victim's age, inconsistencies in her testimony, lack of specifics in the FIR, improbability of the assault, and inconclusive medical evidence — The court found the victim's testimony unreliable, dismissed her Section 164 Cr.P.C. statement due
India Law Library Docid # 2421036

(63) NALEEN KUMAR KATEEL Vs. THE STATE OF KARNATAKA AND OTHERS[KARNATAKA HIGH COURT] 03-12-2024
Penal Code, 1860 (IPC) — Sections 384, 120B and 34 — Extortion racket involving electoral bonds — The court considered whether the ingredients of extortion were met and whether the complainant had the locus standi to file the complaint — The petitioner argued that the complaint did not meet the necessary ingredients for the alleged offences and that the complainant was not an aggrieved person — The respondents contended that the complaint was valid and that the general public could file such com
India Law Library Docid # 2420519

(64) SHRI PRASANNA KUMAR KOLEY AND OTHERS Vs. SRI BISWANATH KOLEY[CALCUTTA HIGH COURT] 03-12-2024
Partition Suit — High Court set aside a final partition decree due to procedural irregularities and legal flaws — The defendants argued lack of proper notice and examination of the Partition Commissioner, as well as incorrect property allocations — The court agreed, finding the report and decree unsustainable, and remanded the case for a fresh commission with proper notice and examination, directing completion within six months — The court clarified that the original decree's existence did not p
India Law Library Docid # 2420649

(65) KRISHNA SADHUKHAN Vs. SHANKAR SADHUKHAN[CALCUTTA HIGH COURT] 03-12-2024
Sale Deed — Validity of — The appellant claims a life interest in a property sold to the defendant, asserting it has matured into full ownership — The defendant argues the sale deed validly transferred the appellant's share, voiding the life interest deed — The court finds the life interest deed grants only a right to reside, not ownership, and the appellant did not challenge the sale deed's validity — The appeal is dismissed; the appellant's life interest does not mature into full ownership, an
India Law Library Docid # 2420650

(66) BABITA SIMON AND ANOTHER Vs. STATE OF WEST BENGAL AND ANOTHER[CALCUTTA HIGH COURT] 03-12-2024
Penal Code, 1860 (IPC) — Sections 448, 323, 506 and 34 — Petitioners were conducting a home study when they were falsely accused of trespass and assault by the complainant — The added party later reconciled with her in-laws but continued the complaint — Whether the criminal proceedings against the petitioners should be quashed under Section 482 CrPC for abuse of process and lack of merit — Petitioners argued they were acting under legal mandate, the complaint was withdrawn by the primary complai
India Law Library Docid # 2420651

(67) STATE OF WEST BENGAL AND ANOTHER Vs. SRI KALI SADHAN BHATTACHARJEE @ BHATTACHARYYA AND OTHERS[CALCUTTA HIGH COURT] 03-12-2024
Service Law — Retiral Benefits — A retired headmaster's benefits were withheld for a 3% alleged excess increment post-school upgradation — The State sought recovery, but the High Court dismissed the appeal, citing the Supreme Court's Rafiq Masih judgment — The court found the long-term payment, based on departmental directives without fault, unjustified for recovery, especially near retirement — The State's recovery claim was denied, upholding the employee's rights.
India Law Library Docid # 2420652

(68) SHIVAM Vs. STATE GOVT. OF NCT OF DELHI[DELHI HIGH COURT] 03-12-2024
Penal Code, 1860 (IPC) — Sections 363, 366, 354A and 354D — Protection of Children from Sexual Offences Act, 2012 — Sections 8 and 12 — Procedural Fairness and Right to Cross-Examination — The court emphasized that the failure to cross-examine critical witnesses, such as the victim's brother who was present at the incident but did not identify the appellant, and the non-examination of available witnesses like the victim's father and uncle, violates the principles
India Law Library Docid # 2420676

(69) MAHESH CHANDER KALRA Vs. BANK OF INDIA AND OTHERS[DELHI HIGH COURT] 03-12-2024
India Officer Employees' (Discipline & Appeal) Regulations 1976 — Regulation 6(17) — Compliance with Regulations — The court upheld that the failure to strictly comply with Regulation 6(17) (requiring the inquiry officer to question the charged officer on circumstances appearing against them if they do not examine themselves) does not necessarily vitiate the inquiry — Precedent from ‘Ministry of Finance v. S.V. Ramesh’ and ‘State of West Bengal v. Sunil
India Law Library Docid # 2420677

(70) SAMI SURESH Vs. THATHA VIJAYA LAKSHMI DIED AND OTHERS[ANDHRA PRADESH HIGH COURT] 03-12-2024
Evidence Act, 1872 — Section 45 — Admissibility of Expert Opinion on Handwriting and Ink Age — The court held that the mere admission by the defendant regarding his signatures, dates, and amounts on promissory notes does not automatically preclude the seeking of an expert opinion on the handwriting of other contents and the age of the ink — However, the court emphasized that the necessity for such an opinion must be justified and not merely a tactic to prolong the litigation.
India Law Library Docid # 2420715

(71) G.CHENGA REDDY GUTHIVARIPALLE TIRUPATHI Vs. N SUGUNAMMA YERPEDU SRIKALAHASTI[ANDHRA PRADESH HIGH COURT] 03-12-2024
Civil Procedure Code, 1908 (CPC) — Section 100 — Negotiable Instruments Act, 1881 — Section 138 — Jurisdiction under Section 100 — Scope — The High Court's jurisdiction under Section 100 is limited to hearing substantial questions of law — Interference with findings of fact is not warranted unless it involves re-appreciation of evidence
India Law Library Docid # 2420716

(72) T. SRIDHAR Vs. STATE OF A.P.[ANDHRA PRADESH HIGH COURT] 03-12-2024
Penal Code, 1860 (IPC) — Sections 323, 324 and 34 — Authority to Alter FIR Sections — The power to change the sections charged in an FIR lies with the Investigating Officer (IO) post-registration, not the Superintendent of Police (SP).
India Law Library Docid # 2420717

(73) JAJJARA JAPHANYA Vs. STATE OF ANDHRA PRADESH AND OTHERS[ANDHRA PRADESH HIGH COURT] 03-12-2024
Criminal Procedure Code, 1973 (CrPC) — Sections 125, 397 and 401 — Limitation Act, 1963 — Section 5 — Calculation of Delay in Filing Petitions for Condonation — The court established that courts must meticulously verify and accurately calculate the delay in filing petitions for condonation of delay — Discrepancies between the parties' claims should not automatically lead to the dismissal of the petition if the actual delay can be reliably determined and is not excessively prolonged.
India Law Library Docid # 2420714

(74) INDER KUMAR GOYAL Vs. THE STATE OF MADHYA PRADESH AND ANOTHER[MADHYA PRADESH HIGH COURT (GWALIOR BENCH)] 03-12-2024
Penal Code, 1860 (IPC) — Sections 376 and 506 — The prosecutrix, working at the applicant’s shop, developed a relationship with the applicant, including physical relations over 2-3 years — On December 15, 2023, the applicant allegedly forced sexual relations despite her refusal and refusal to marry her — FIR was filed under IPC Sections 376, 506, and SC/ST Act sections — Was the physical relationship on December 15, 2023, consensual or coerced? — Applicant argues that the relationship was consen
India Law Library Docid # 2420819

(75) DR. (SMT.) KAMLA GAUTAM Vs. STATE OF MADHYA PRADESH AND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 02-12-2024
Service Law — Selection Grade Pay Scale — The petitioner is aggrieved by the inaction of the respondents in not extending her the benefit of the Selection Grade Pay Scale and Pay Band IV — The main issue is whether the petitioner is entitled to the Selection Grade Pay Scale from 4.3.1998 and Pay Band IV from 1.1.2006, despite adverse Annual Confidential Reports (ACRs) that were not communicated to her — The petitioner argues that the adverse ACRs were never communicated to her, denying her the o
India Law Library Docid # 2420406

(76) LOB DAS Vs. STATE OF WEST BENGAL AND ANOTHER[CALCUTTA HIGH COURT] 02-12-2024
Penal Code, 1860 (IPC) — Sections 376 and 420 — Rape and Cheating — DNA Test —Based on a complaint by a man whose daughter claims to be pregnant — The victim girl agreed to a DNA test during cross-examination — Whether a DNA test should be conducted in this case to determine paternity and its implications under Sections 112 and 114 of the Indian Evidence Act — The accused argued for a DNA test to prove non-access, while the prosecution opposed it citing potential delays — The High Court, referr
India Law Library Docid # 2420653

(77) DEBASISH SADHUKHAN AND OTHERS Vs. STATE OF WEST BENGAL AND OTHERS[CALCUTTA HIGH COURT] 02-12-2024
West Bengal Primary School Teachers Recruitment Rules, 2001 — Rule 9 — Recruitment — Unsuccessful candidates challenged the recruitment of Assistant Teachers in West Bengal primary and junior basic schools in 2009, claiming 11 candidates with extra marks for a non-recognized course shouldn't have been in a separate panel — The court ruled that "preference" doesn't create a separate class and that Rule 9 doesn't allow for such a panel — It set aside the dismissal, directing a new merit-based pane
India Law Library Docid # 2420654

(78) SURESH SHAH Vs. TATA CONSULTANCY SERVICES LIMITED[DELHI HIGH COURT] 02-12-2024
Arbitration and Conciliation Act, 1996 — Section 2(1)(f) — Definition of International Commercial Arbitration (ICA) — S. 2(1)(f) Non-Derogable — The court held that Section 2(1)(f) of the Act, which defines ICA, is non-derogable — Parties cannot by consent agree to treat an arbitration that otherwise qualifies as ICA as a domestic arbitration.
India Law Library Docid # 2420678

(79) RAVI KUMAR Vs. STATE (NCT OF DELHI)[DELHI HIGH COURT] 02-12-2024
Penal Code, 1860 (IPC) — Sections 392, 397 and 34 — Arms Act, 1959 — Section 25 — Three individuals robbed two victims at knifepoint, one accused was apprehended on the spot, leading to the arrest of two others — Whether the identity of the appellant was proven, if the recovery of property and weapon were established, and if the prosecution met the burden of proof beyond reasonable doubt — The appellant's counsel argued that no TIP was conducted, property recovery was lacking, and the weapon's u
India Law Library Docid # 2420679

(80) ANIL KUMAR Vs. PARVEEN KUMAR[DELHI HIGH COURT] 02-12-2024
Criminal Procedure Code, 1973 (CrPC) — Section 311 — Negotiable Instruments Act, 1881 — Section 138 — The respondent filed a case against the petitioner, and during proceedings, the respondent sought to bring additional bank statements and summon the petitioner's wife as a witness under Section 311 — Whether the Metropolitan Magistrate correctly exercised his power under Section 311 by summoning the petitioner's wife — The petitioner argued that this was an attempt to set up a new
India Law Library Docid # 2420680