(601) JAVID AHMAD QADRI Vs. STATE OF J&K AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT (SRINAGAR BENCH)] 04-11-2024 Jammu & Kashmir Municipal Corporation Act, 2000 — Section 253 (1) — The petitioner, residing in the UK, challenges an order by the J&K Special Tribunal regarding illegal construction by his father and brother on shared property in Srinagar — The main issue is whether the construction, allegedly converting a residential house into a commercial complex without permission, should be demolished — The petitioner argues that the construction violates municipal laws and a status quo order, and that he India Law Library Docid # 2420480
(602) I.C.I.C.I. LAMBORD GENERAL INSURANCE COMPANY.LTD Vs. MUNIYAPPA AND OTHERS[KARNATAKA HIGH COURT] 04-11-2024 Motor Vehicle Act, 1988 — Section 166 — The claimant was injured in an accident while traveling in a Tempo after unloading vegetables — The insurance company contested liability, claiming he was a gratuitous passenger — Whether the insurance company is liable to pay compensation and whether the claimant is entitled to enhanced compensation — Claimant argued he was traveling with goods and sought enhanced compensation for his injuries — The insurance company argued that claimant was a gratuitous India Law Library Docid # 2420528
(603) SOUTHERN POWER DISTRIBUTION COMPANY OF A.P. LIMITED AND OTHERS Vs. MD KHALEEL PASHA AND OTHERS[ANDHRA PRADESH HIGH COURT] 04-11-2024 The present Letters Patent Appeal is filed under Section 15 of the Letters Patent Act, aggrieved by the orders passed by a Learned Single Judge in C.C. No.546 of 2013 dated 03.7.2014. Through the said order, the Learned Judge while observing that the appellants are bound to consider the case of the respondents at least on par with their juniors, issued directions for passing orders by fixing the notional dates of their joining, declaration of probation, promotion etc. India Law Library Docid # 2420877
(604) MANDI KRISHNAMOORTHY AND OTHERS Vs. STATE OF ANDHRA PRADESH AND OTHERS[ANDHRA PRADESH HIGH COURT] 04-11-2024 The instant petition under Section 482 of the Code of Criminal Procedure, 1973 (for short “Cr.P.C”) has been filed by the Petitioners/Accused Nos.1 & 2, seeking quashment of the case in C.C.No.241/2019 on the file of the Additional Judicial Magistrate of 1st Class, Sullurupeta registered for the offences punishable U/s 448, 290, 506 r/w 34 IPC against the Petitioners/Accused Nos.1 & 2. India Law Library Docid # 2420878
(605) JAYAPRASAD B.,(DIED) BY LRS AND OTHERS Vs. VAISALINI,(DIED) BY LRS AND OTHERS[KERALA HIGH COURT] 02-11-2024 Partition Suit — The plaintiff filed a suit for partition of a property inherited from his father ‘R’ — The property was sold by the first defendant (plaintiff's mother) using a Power of Attorney (PoA) that allegedly did not include the property in question — Whether the sale deed executed by the first defendant was valid, given the PoA did not explicitly include the property, and whether the sale was ratified by the plaintiff and other heirs through their silence — The plaintiff argued that the India Law Library Docid # 2419641
(606) PRABHAKARAN Vs. STATE OF KERALA[KERALA HIGH COURT] 01-11-2024 Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 528 — Dismissal of application for the production of a personal diary/notebook of a police officer — Whether the Special Court's dismissal of the petitioner's application for document production was justified — The petitioner argued that the production of the diary was necessary to prove his defense and that the Special Court did not provide reasons for dismissing the application as required by law — The Public Prosecutor contended that the peti India Law Library Docid # 2419637
(607) SURESH Vs. STATE OF KERALA[KERALA HIGH COURT] 01-11-2024 Penal Code, 1860 (IPC) — Section 306 and 498A — Abetment of Suicide — The appellant was initially charged under Section 306 IPC for abetting the suicide — The trial court acquitted him of this charge but convicted him under Section 498A IPC for cruelty — Whether the conviction under Section 498A IPC was valid without a separate charge being framed for it — The appellant argued that Section 306 and 498A IPC are distinct offences requiring separate charges, and he was prejudiced by not being charg India Law Library Docid # 2419638
(608) SUNISH PILLAI Vs. STATE OF KERALA AND OTHERS[KERALA HIGH COURT] 01-11-2024 Penal Code, 1860 (IPC) — Sections 376, 406, 420, and 506 — Rape — False promise of marriage — The petitioner claims the relationship was consensual and the financial transactions were settled with a payment of Rs. 50 lakh — The respondent argues that the petitioner misled her with false promises of marriage and financial commitments — The court examined the consensual nature of the relationship and the financial settlement, noting discrepancies in the respondent's claims — The court quashed the India Law Library Docid # 2419639
(609) OUR INVESTMENTS ENTERPRISES LTD Vs. SAIC ZACHARIAH[KERALA HIGH COURT] 01-11-2024 Securities and Exchange Board of India Act, 1992 — Section 15 T(1)(a) — The case involves a dispute over jurisdiction and claims related to securities deposits and funds — The primary issue is whether the civil court has jurisdiction to entertain the suit, given the provisions of the SEBI Act that may bar such jurisdiction — The petitioner argues that the civil court lacks jurisdiction based on SEBI's orders and the SEBI Act, which mandates that disputes should be addressed by the Securities App India Law Library Docid # 2419640
(610) MOHAMMAD TAJAMUL MASOODI Vs. UT OF JAMMU AND KASHMIR[JAMMU AND KASHMIR AND LADAKH HIGH COURT (SRINAGAR BENCH)] 31-10-2024 Jammu, under the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 — Detention — Challenged — The main issue is whether the detention order was justified and legally valid, considering the detenu was already on bail for related charges — The petitioner argued that the detention order was unjustified, vague, and based on old charges for which the detenu was already granted bail — They claimed the order lacked new evidence and was a misuse of preventive detentio India Law Library Docid # 2420468
(611) BALWANT SINGH AND OTHERS Vs. STATE OF JAMMU AND KASHMIR AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT (JAMMU BENCH)] 31-10-2024 Electrocution — Compensation — The petitioners' mother died from electrocution after coming into contact with a broken live electric wire in the forest — The police investigation confirmed the cause of death and filed a case against the lineman responsible for maintenance — The main issues were whether the death was due to electrocution or lightning and whether the respondents were negligent — The petitioners argued that the death was due to negligence by the Power Development Department, which India Law Library Docid # 2420495
(612) SHERAZ AHMED MIR Vs. UNION TERRITORY OF J&K AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT (JAMMU BENCH)] 31-10-2024 Jammu and Kashmir Public Safety Act, 1978 — Detention — The petitioner challenged the detention order, arguing non-application of mind by the detaining authority and lack of proper communication regarding the grounds of detention — The petitioner claimed he was not provided with adequate reasons for his detention and that he had been acquitted or granted bail in several cases cited in the detention order — The respondents argued that the detention was justified based on the petitioner's continuo India Law Library Docid # 2420496
(613) RAJU JOSEPH AND OTHER Vs. STATE OF KERALA AND OTHER[KERALA HIGH COURT] 30-10-2024 Penal Code, 1860 (IPC) — Sections 352, 294(b), 323 and 34 — Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — Section 3(2)(va) — The petitioners are accused of assaulting a member of the Hindu Pulaya community, leading to charges under various sections of the IPC and the SC/ST Act — The main issue is whether the charges under Section 3(2)(va) of the SC/ST Act are valid, given the petitioners' knowledge of the victim's caste — The petitioners argue that there is no evid India Law Library Docid # 2419634
(614) NATIONAL INSURANCE COMPANY LIMITED Vs. PRASHANTH (DIED) BY LEGAL HEIR AND OTHERS[KERALA HIGH COURT] 30-10-2024 Motor Accident Claims — Rash and Negligent driving — Death in accident — The claimants, his mother and another respondent, sought compensation — The main issues were the determination of deceased’s income, the negligence in the accident, the appropriate multiplier for compensation, and the interest rate awarded — The Insurance Company argued that the income fixed by the Tribunal was without basis, the deceased was also negligent, the multiplier used was incorrect, and the interest awarded was to India Law Library Docid # 2419635
(615) SASEENDRAN NAIR Vs. VISWANATHAN NAIR[KERALA HIGH COURT] 30-10-2024 Suit for Specific Performance — The case involves a dispute over the specific performance of a sale agreement for property — The plaintiff sought to enforce an agreement made in 1995 with the defendant who allegedly received an advance payment but failed to execute the sale deed — The main issue is whether the lower appellate court was justified in granting specific performance without considering the circumstances of the agreement and the potential hardship to the defendant — The defendant argu India Law Library Docid # 2419636
(616) THE STATE OF KARNATAKA AND OTHERS Vs. SRI. T R MANJUNATH[KARNATAKA HIGH COURT] 30-10-2024 Karnataka Civil Services Rules — Rule 32 — The State of Karnataka and its officials filed a writ petition challenging the Karnataka State Administrative Tribunal's order directing them to pay arrears of salary and interest to the respondent, a retired Executive Engineer — Whether the respondent is entitled to arrears of salary and interest for the period he held an independent charge under Rule 32 of the Karnataka Civil Services Rules — The petitioners argued that the respondent had already rece India Law Library Docid # 2419695
(617) B. VENKAT KUMAR AND OTHERS Vs. STATE OF TELANGANA AND OTHERS[TELANGANA HIGH COURT] 30-10-2024 Penal Code, 1860 (IPC) — Sections 395, 120B — Arms Act, 1959 — Section 25(1B) (A) — The appellants, victims in the case, appealed against the acquittal of the accused who were charged with dacoity and related offenses — The trial court acquitted the accused due to insufficient evidence — The main issues were the acquittal of the accused and the return of Rs. 61,50,000 seized during the investigation — The appellants argued for the reversal of the acquittal and the return of the seized amount, ci India Law Library Docid # 2419851
(618) SRI KRISHNAIAH Vs. STATE[TELANGANA HIGH COURT] 30-10-2024 Prevention of Corruption Act, 1988 — Sections 7 and 13(1)(d) r/w 13(2) — The appellant was convicted for demanding and accepting a bribe of Rs. 8,000 for issuing a certificate — The trap was set by the ACB, and the bribe amount was recovered from A2, who was acquitted — Whether the appellant demanded and accepted the bribe and if the conviction was justified based on the evidence — The appellant argued that there was no demand for a bribe and that the certificate was handed over without any paym India Law Library Docid # 2419852
(619) MD. MAHMOOD ALAM Vs. THE STATE OF BIHAR[PATNA HIGH COURT] 30-10-2024 Penal Code, 1860 (IPC) — Section 376 — Protection of Children from Sexual Offences Act, 2012 — Sections 5 and 6 — The appellant was convicted for raping his 10-year-old niece after taking her to Banaras under false pretenses — The main issues were whether the victim was a minor at the time of the incident and whether the prosecution proved the foundational facts of the alleged offense beyond reasonable doubt — The appellant argued that the trial court did not properly appreciate the evidence, an India Law Library Docid # 2419892
(620) MUNAKI RAI AND ANOTHER Vs. THE STATE OF BIHAR[PATNA HIGH COURT] 30-10-2024 Penal Code, 1860 (IPC) — Section 302 — Murder — Land Dispute — The main issues include the validity of the conviction based on the evidence presented, the delay in filing the FIR, and the reliability of witness testimonies — The appellants argued that the trial court did not properly appreciate the evidence, relied on biased witnesses, and there were contradictions in the prosecution's case — The State argued that the prosecution's case was proven beyond reasonable doubt, the delay in FIR filing India Law Library Docid # 2419897