(601) HARSHVARDHAN JOHARI Vs. STATE OF RAJASTHAN[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 30-07-2024 Criminal Procedure Code, 1973 (CrPC) — Sections 82 and 83 — Penal Code, 1860 (IPC) — 420, 467, 468, 471 and 120B — Anticipatory bail — The court ruled that anticipatory bail can be granted despite a petitioner being declared an absconder and having standing warrants issued against him — The petitioner argued that he is not a proclaimed offender under section 82(4) CrPC and that filing for quashing of FIR does not prevent him from seeking bail — The respondent argued that the petitioner concealed India Law Library Docid # 2416406
(602) SHAKTI GURJAR Vs. STATE OF RAJASTHAN AND OTHERS[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 30-07-2024 Narcotic Drugs and Psychotropic Substances Act, 1985 — Sections 42, 43, 37 and 52A — The petitioner was found with 25.41 grams of MDMA in his vehicle and is currently in judicial custody — The court ruled against the petitioner's bail application due to the commercial quantity of the contraband and alleged non-compliance with sections 42, 43, and 52A of the NDPS Act — The contraband was for self-consumption and the search was conducted by an unauthorized officer after sunset without proper compl India Law Library Docid # 2416407
(603) SMT. LAXMINIYA Vs. DEENA NATH[ALLAHABAD HIGH COURT] 30-07-2024 Hindu Widow’s Remarriage Act, 1856 — Section 2 — The case revolves around a dispute over land ownership and possession following a family partition in 1881 — The plaintiff claimed ownership through inheritance, while the defendants contested this based on adverse possession and other claims — The main issues were the validity of the plaintiff's claim to the land, the effect of 'B's remarriage on her property rights, and whether the plaintiff had established possession — The plaintiff argued that India Law Library Docid # 2416408
(604) MITSUBISHI CORPORATION Vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE INTERNATIONAL TAX (2)(2)(1) DELHI AND ANOTHER[DELHI HIGH COURT] 30-07-2024 Income Tax Act, 1961 — Section 143(3) — Mitsubishi Corporation, a tax resident of Japan, filed a writ petition challenging the assessment order by the Assistant Commissioner of Income Tax, Delhi, which relied on a CBDT Circular to deny relief that would reduce the assessed income below the returned income — Whether the CBDT Circular No. 549 (1989) is applicable and valid in light of amendments to Section 143(3) of the Act, 1961, and whether the additional grounds raised by the petitioner should India Law Library Docid # 2416409
(605) DINESH SAH Vs. RAM BARAN RAI AND OTHERS[PATNA HIGH COURT] 30-07-2024 Boundary disputes — The petitioner filed a petition under Article 227 of the Constitution against the trial court's decision to reject his request for a Survey Knowing Pleader Commissioner to measure and demarcate disputed land boundaries — The petitioner argued that the trial court's decision was erroneous and that a Commissioner was necessary to ascertain encroachment and correct boundary errors in sale deeds — The respondents argued that the land had already been sold and no land remained wit India Law Library Docid # 2416410
(606) SHABNAM PARWEEN @ SHABANAM PRAVIN Vs. THE STATE OF BIHAR AND OTHERS[PATNA HIGH COURT] 30-07-2024 Service Law — Appointment — The petitioner was appointed as an Urdu teacher in 2007 — The respondent challenged this appointment, claiming higher merit — The main issues were the validity of the petitioner's appointment and whether the respondent's challenge was timely and justified — The petitioner argued that the respondent's challenge was barred by delay and res judicata, and that the selection process was conducted according to the rules — The respondent claimed higher merit and argued that India Law Library Docid # 2416411
(607) BIJAY KUMAR PODDAR AND OTHER Vs. THE STATE OF BIHAR AND OTHERS[PATNA HIGH COURT] 30-07-2024 Bihar Public Land Encroachment Act, 1956 — Illegal demolition — Petitioners claim to have acquired land from their ancestors and challenge notices declaring them as encroachers — They seek compensation for demolished structures and argue that the land was legally acquired and settled by their ancestors — The court restrained respondents from forcibly evicting the petitioners without due process, stating that the demolition was illegal and without proper notice — The court acknowledged previous j India Law Library Docid # 2416412
(608) K.PALANISAMY Vs. S. SIVAKUMAR AND OTHERS[MADRAS HIGH COURT] 30-07-2024 Contract Act, 1872 — Section 63 — The plaintiff provided financial assistance to the 1st defendant for producing a movie, but the 1st defendant failed to grant the agreed distribution rights and repay the amount — Whether the plaintiff is entitled to recover the suit claim and interest — The plaintiff argued that the 1st defendant borrowed money for distribution rights but failed to honor the agreement — The 1st defendant contended that the plaintiff refused the distribution rights and the movie India Law Library Docid # 2416413
(609) S.C.SRINIVASAN Vs. THE PRESIDING OFFICER, II ADDL.LABOUR COURT, CHENNAI[MADRAS HIGH COURT] 30-07-2024 Service Law — The petitioner, a driver, was terminated after an accident — He claimed continuous service for over 240 days and sought reinstatement — Whether the termination was legal and if the petitioner should be reinstated or compensated — The petitioner argued that his termination was illegal as it did not follow the procedures under Section 25F of the Industrial Disputes Act —The respondent claimed the petitioner was a casual worker and abandoned his job after the accident — The court uphe India Law Library Docid # 2416414
(610) STATE OF H.P. Vs. FIROZ KHAN[HIMACHAL PRADESH HIGH COURT] 30-07-2024 Penal Code, 1860 (IPC) — Sections 279, 337, 338 and 304A — Negligence — A bus accident occurred on 14.04.2003, resulting in deaths and injuries — The driver was accused of negligence, arguing that the accident was due to his high speed — The trial court convicted the driver, but the First Appellate Court acquitted him — The State appealed, but the High Court upheld the acquittal, stating that the evidence did not conclusively prove the driver's negligence and the possibility of the retaining wal India Law Library Docid # 2416415
(611) MESSERS HIMACHAL ENGINEERING COMPANY (P) LTD. Vs. HIMACHAL PRADESH STATE CIVIL SUPPLIES CORPORATION LTD.[HIMACHAL PRADESH HIGH COURT] 30-07-2024 Suit for Recovery — The plaintiff filed a suit for recovery of Rs. 3,84,026.23 with interest against the Himachal Pradesh State Civil Supplies Corporation for not lifting wheat products as per an alleged agreement — The plaintiff argued that the defendant was contractually obligated to purchase wheat Atta from the plaintiff and sought recovery of the invested amount and incurred losses — The defendant argued there was no privity of contract between the parties and that the agreement was with the India Law Library Docid # 2416416
(612) JASWINDER SINGH Vs. STATE OF H.P. THROUGH PRINCIPAL SECRETARY (FOREST) TO THE GOVT. OF H.P. AND OTHERS[HIMACHAL PRADESH HIGH COURT] 30-07-2024 Service Law — Compassionate appointment — A petitioner applied for a compassionate appointment as a Forest Guard after his father's death in 2007 — Despite qualifying, his application was delayed and ultimately rejected due to changes in qualification requirements — The petitioner argued that his application should be considered based on the rules in effect at the time of his application, and that he was eligible at that time — The respondents claimed that the new rules requiring 10+2 qualificat India Law Library Docid # 2416417
(613) NIRMALA DEVI (NAME DELETED) AND OTHERS Vs. SANT RAM (SINCE DECEASED) AND OTHERS[HIMACHAL PRADESH HIGH COURT] 30-07-2024 Redemption of Mortgages (Himachal Pradesh)Act, 1971 — Section 4 — Petition for redemption, verification, deposit and particulars to be contained in petition — The plaintiffs claimed ownership of the land through adverse possession, asserting continuous, peaceful, and uninterrupted possession for over twelve years — The defendants contested the suit, arguing they had no right, title, or interest in the land and that the suit was time-barred — The First Appellate Court dismissed the plaintiffs' su India Law Library Docid # 2416418
(614) NATHU RAM (DECEASED) THROUGH LRS Vs. KRISHNA DEVI[HIMACHAL PRADESH HIGH COURT] 30-07-2024 Will — Validity of — The dispute involves the estate of ‘Birbal’, with ‘K’ (plaintiff) claiming ownership as his only daughter, against defendant, who claims a Will in his favor — The main issue is the validity of the Will allegedly executed by ‘B’ in favor of defendant, amidst claims of fraud and lack of sound mind — ‘K’ argued that the Will is forged and ‘B’ was not in a sound state of mind due to prolonged illness — Defendant contended that the Will was validly executed and registered, and ‘B India Law Library Docid # 2416419
(615) CHETAN S/O AMRUTBHAI PATIL THRO GAJANAN SHIVAJI SHINE Vs. STATE OF GUJARAT AND OTHERS[GUJARAT HIGH COURT] 30-07-2024 Gujarat Prevention of Anti-Social Activities Act, 1985 — Section 3(1) — Penal Code, 1860 (IPC) — Sections 379 and 114 — Detention — Quashing of —Whether the detention order was valid given the nature of the offenses and the petitioner's release on bail —The detention was solely based on FIRs, which do not justify preventive detention as they do not affect public order —The petitioner’s activities were habitual and posed a threat to public order — The court quashed the detention order, stating India Law Library Docid # 2416420
(616) BRANCH MANAGER, UNITED INDIA INSURANCE COMPANY LIMITED Vs. RAJNI RAJPOOT AND OTHERS[MADHYA PRADESH HIGH COURT] 30-07-2024 Motor Accident Claims — Expired Registration — The case involves a tractor insured by United India Insurance Company — The accident occurred on 19.02.2020, resulting in the death of ‘P’ — Whether the insurance company is liable to pay the awarded amount despite the vehicle's expired registration — The insurance company argued that they are not liable as the vehicle's registration had expired before the accident — The respondents supported the award, stating the vehicle was insured at the time of India Law Library Docid # 2416507
(617) GAGANDEEP KAUR Vs. INDERJIT SINGH AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 30-07-2024 Motor Vehicles Act, 1988 — Section 166 — Compensation — Petitioner filed a petition for compensation due to injuries — Initially, her disability was assessed as temporary (61%). — The main issue was whether additional evidence, specifically regarding the permanent disability assessment (60%), could be admitted after the initial evidence was closed — The petitioner argued that the permanent disability assessment was made after the initial evidence was closed and should be considered to ensure fai India Law Library Docid # 2416574
(618) HARYANA WAKF BOARD Vs. MANOHAR LAL (DECEASED) THROUGH LRS.[PUNJAB AND HARYANA HIGH COURT] 30-07-2024 Transfer of Property Act, 1882 — Section 106 — Civil Procedure Code, 1908 (CPC) — Order 22 Rule 4 read with Section 151 — Suit for Possession of Wakf Property — The plaintiff-appellant filed a suit for possession of 300 sq. yards of Wakf property, claiming the defendant was in illegal possession and seeking mesne profits — The main issues were whether the plaintiff was entitled to possession and mesne profits, and whether the suit was maintainable given it was filed against a deceased person — T India Law Library Docid # 2416575
(619) UNION OF INDIA Vs. PUNJAB STATE ELECTRICITY BOARD AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 30-07-2024 Constitution of India, 1950 — Article 287 — Exemption from taxes on electricity — Octroi duty — The Military Engineering Service (MES) purchased electricity from the Punjab State Electricity Board (PSEB) and was charged octroi duty, which they argue is against Article 287 of the Constitution of India — Whether the octroi duty charged on electricity consumed by the Government of India is valid under Article 287 of the Constitution — The petitioner claims that octroi duty should not be charged on India Law Library Docid # 2416576
(620) VIJAY KUMAR Vs. STATE OF PUNJAB[PUNJAB AND HARYANA HIGH COURT] 30-07-2024 Penal Code, 1860 (IPC) — Sections 304A, 338 and 279 — Causing death by negligence — Petitioner was convicted for causing a fatal accident resulting in the death of ‘D' and injuries to ‘A’ — The main issue was whether the delay of 385 days in filing the revision petition should be condoned and whether the conviction and sentence should be upheld — The petitioner did not challenge the conviction but sought leniency in sentencing, highlighting that he had already served 1 year, 11 months, and 2 day India Law Library Docid # 2416577