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(621) SANKET @ SUNNY Vs. STATE OF PUNJAB[PUNJAB AND HARYANA HIGH COURT] 30-07-2024
Narcotic Drugs and Psychotropic Substances Act, 1985 — 21, 22, 29, 61 and 85 —The petitioner is seeking anticipatory for allegedly selling 255 grams of heroin who was caught with the contraband — Whether the petitioner should be granted anticipatory bail despite the serious nature of the offense and his alleged involvement in drug trafficking — The petitioner argues that his arrest is based solely on a disclosure statement, which lacks evidentiary value — He also claims that the phone numbers m
India Law Library Docid # 2416605

(622) THOMAS Vs. STATE OF PUNJAB[PUNJAB AND HARYANA HIGH COURT] 30-07-2024
Narcotic Drugs and Psychotropic Substances Act, 1985 — Sections 21 and 22 — Bail — Custody for over 2 years and claims false implication — The main issue is whether the petitioner should be granted bail despite the recovery of a commercial quantity of contraband and his involvement in multiple cases — The petitioner argues non-compliance with mandatory provisions of the NDPS Act, lack of independent witnesses, and long custody without trial commencement — The State opposes bail, citing the recov
India Law Library Docid # 2416607

(623) PRINCIPAL AND OTHERS Vs. M/S RAJIV GANDHI[KARNATAKA HIGH COURT] 30-07-2024
Rajiv Gandhi University of Health Sciences Act, 1994 — Section 3 — The Rajiv Gandhi University of Health Sciences (RGUHS) was issued a Show Cause Notice and Demand Notice for not paying Service Tax on fees, charges, and rental income between July 2012 and September 2016
India Law Library Docid # 2417020

(624) KARNATAKA STATE AND OTHERS Vs. SRI. MALLAIAH AND OTHERS[KARNATAKA HIGH COURT] 30-07-2024
Karnataka Land Revenue Act, 1964 — Section 136 — The plaintiffs filed a suit for declaration of title, possession, and injunction over ancestral lands — The defendants, including KSRTC and the State, claimed the lands were part of a State Reserve Forest
India Law Library Docid # 2417021

(625) THE STATE OF KARNATAKA AND ANOTHER Vs. M/S. PALLAVI BAR AND RESTAURANTS AND OTHERS[KARNATAKA HIGH COURT] 30-07-2024
Karnataka Excise (General Condition of License) Rules, 1967 — Rule 17-A and Rule 17-B — The State of Karnataka and its officials filed appeals against six judgments favoring wine shop licensees, invalidating punitive actions taken against them
India Law Library Docid # 2417025

(626) BHUWAN CHANDRA POKHARIA Vs. STATE OF UTTARAKHAND AND OTHERS[UTTARAKHAND HIGH COURT] 30-07-2024
PIL — The petitioner filed a PIL concerning the channelling of water flow and removal of silt/debris from rivers in Uttarakhand to prevent flood damage — The main issue is the accumulation of debris in rivers, causing them to deviate from their main streams and enter inhabited areas, leading to land erosion and loss of life and property — The petitioner argued that the State Government has not complied with previous court directions to dredge and channelize the rivers, leading to ongoing damage
India Law Library Docid # 2417078

(627) SMT. NIDHI SAXENA Vs. STATE OF UTTARAKHAND AND OTHERS[UTTARAKHAND HIGH COURT] 30-07-2024
Reimbursement of medical bills — The petitioner sought reimbursement of medical bills for her late husband's treatment, which was denied as time-barred by the State of Uttarakhand — Whether the petitioner's claim for medical reimbursement, submitted after the prescribed period, should be denied solely on the grounds of delay — The petitioner argued that the delay was due to her husband's untimely death and her subsequent responsibilities — She claimed the bills were genuine and verified — The re
India Law Library Docid # 2417079

(628) POWER GRID CORPORATION OF INDIA LTD. Vs. DHARMENDRA KUMAR AND ANOTHER[UTTARAKHAND HIGH COURT] 30-07-2024
Indian Telegraph Act, 1885 — Sections 10(d) and 16(3) — Power Grid Corporation of India Ltd. filed multiple writ petitions challenging the District Magistrate's orders for enhanced compensation to landowners for high-tension electricity transmission towers and lines —Whether the District Magistrate had jurisdiction to determine compensation under Section 16(3) of the Act, 1885 —Petitioner's Arguments — The District Magistrate lacked jurisdiction to enhance compensation, which should be determine
India Law Library Docid # 2417080

(629) MANPHOOL RAM Vs. STATE OF RAJASTHAN[RAJASTHAN HIGH COURT] 29-07-2024
Narcotic Drugs and Psychotropic Substances Act, 1985 — Sections 8, 21, 22 and 25 — Possessing 2400 tablets of Tramadol Hydrochloride — Petitioner has been in custody for over 3 years and 6 months — The main issue is whether the petitioner should be granted bail considering the prolonged incarceration and delay in trial — The petitioner argued that the delay in trial is not attributable to him and cited previous Supreme Court rulings supporting bail in cases of prolonged custody — The Public Pro
India Law Library Docid # 2416311

(630) BASANTA KUMAR PAIT AND OTHERS Vs. STATE OF ASSAM AND OTHERS[GAUHATI HIGH COURT] 29-07-2024
All India Council for Technical Education Act, 1987 — Section 10(o) — Petitioners with BE in Mechanical Engineering were denied participation in the recruitment for Motor Vehicle Inspectors (MVIs) due to not meeting the advertised qualifications — Whether BE in Mechanical Engineering qualifies as equivalent to the required 3-year diploma for the MVI post —Higher qualification (BE) should presuppose the lower qualification (diploma), citing precedents —Recruitment followed Assam Transport Service
India Law Library Docid # 2416312

(631) DASARATH RAY @ DIPJYOTI ROY Vs. STATE OF ASSAM[GAUHATI HIGH COURT] 29-07-2024
Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 482 — In a case involving a juvenile seeking anticipatory bail for a non-bailable offense, the court ruled that juveniles can apply for anticipatory bail under Section 438 of the Cr P.C. or Section 482 of the BNSS — The court found that the Juvenile Justice Act does not explicitly bar such bail and that terms "arrest" and "apprehend" are synonymous in this context — Emphasizing personal liberty under Article 21, the court noted no express bar on
India Law Library Docid # 2416313

(632) SANJAY KUMAR AND OTHERS Vs. UNION OF INDIA THROUGH ITS SECRETARY AND OTHERS[DELHI HIGH COURT] 29-07-2024
Demolition — The appellants, claiming to be lawful occupants challenged a demolition notice issued by the Ministry of Defence — Whether the demolition notice and subsequent actions were legal and constitutional — The appellants argued that the demolition was illegal and unconstitutional, as the notices were issued by an unauthorized agency without proper hearing — The respondents contended that the appellants were unauthorized occupants and trespassers, and the demolition was a lawful exercise o
India Law Library Docid # 2416314

(633) GANGA RAM MAKHIJA @ GULAB Vs. JYOTI MAKHIJA[DELHI HIGH COURT] 29-07-2024
Protection of Woman from Domestic Violence Act, 2005 — Section 12 — Petitioner and Respondent married in 2016, separated in 2017 — Respondent filed a complaint under the Act, 2005 —The petitioner challenged the interim maintenance and litigation expenses awarded to the respondent by the trial and appellate courts — The petitioner argued that the judgments were passed without considering relevant factors, claimed the respondent could earn her livelihood, and alleged concealment of his actual inco
India Law Library Docid # 2416315

(634) DANISH @ CHINTU Vs. STATE OF NCT OF DELHI[DELHI HIGH COURT] 29-07-2024
Penal Code, 1860 (IPC) — Sections 302, 307, 341, 427, 120B, 147, 148 and 34—Arms Act, 1959 — Sections 25, 54 and 59 — Murder, attempt to murder — Bail —Whether the petitioner should be granted bail despite the serious nature of the charges and his alleged involvement in multiple criminal cases — The petitioner claims false implication, lack of evidence, and long incarceration without trial completion —The State argues against bail due to the petitioner's criminal history and the gravity of the o
India Law Library Docid # 2416316

(635) VINOD KUMAR SHARMA AND OTHERS Vs. UNION OF INDIA AND ANOTHER[DELHI HIGH COURT] 29-07-2024
Service Law — Contractual Nursing Staff — Petitioners, working as contractual Nursing Officers for 14 years, challenged recruitment notices and their non-regularization —Validity of recruitment notices and denial of regularization despite long-term service —Claimed unfair treatment and sought regularization based on their long service and COVID-19 duty — Argued that petitioners were aware of the contractual nature and failed to qualify for regular positions in past recruitment drives — Tribunal'
India Law Library Docid # 2416317

(636) RESIDENT DOCTORS ASSOCIATION, ALL INDIA INSTITUTE OF MEDICAL SCIENCES (AIIMS), RISHIKESH AND OTHERS Vs. RAM KISHAN YADAV ALIAS SWAMI RAMDEV AND OTHERS[DELHI HIGH COURT] 29-07-2024
Drugs and Magic Remedies (Objectionable Advertisement) Act 1954 — Section 4 and 7 — Resident Doctors Association sued Swami Ramdev over claims that Divya Coronil cures COVID-19, alleging public nuisance and misleading information — The plaintiffs argued that the claims discouraged allopathic medicine use — Defendants claimed certifications supported their statements and criticized procedural and substantive issues in the suit — The court ordered defendants to remove misleading statements about D
India Law Library Docid # 2416318

(637) M/S PLUS91 SECURITY SOLUTIONS Vs. NEC CORPORATION INDIA PRIVATE LIMITED (ERSTWHILE NEC TECHNOLOGIES PRIVATE LIMITED)[DELHI HIGH COURT] 29-07-2024
Arbitration and Conciliation Act, 1996 — Section 37(1)(c) — Contract Act, 1872 — Section 70 — Appellant appealed against respondent for breaching an MOU related to an Airport Authority project — The issue was whether the arbitral award favoring the appellant was tainted by patent illegality due to MOU misinterpretation — The appellant claimed Rs. 84.3 crore in damages for lost profits, arguing the MOU was breached — The respondent stated the MOU was non-binding and Clause 10 excluded profit loss
India Law Library Docid # 2416319

(638) I.R. CONSTRUCTIONS PVT. LTD. AND ANOTHER Vs. YASHPAL KHULLAR AND OTHERS[ALLAHABAD HIGH COURT] 29-07-2024
Transfer of Property Act, 1882 — Sections 3 and 5 — The case involves a dispute over a residential plot in Noida, originally allotted to ‘S’ — The plaintiff claims ownership based on a Will and agreement for sale executed by ‘S’ 1995 — The main issues include the validity of the Wills dated 1995 and 1996, the rights conferred by the allotment letter, and the legality of the documents executed among the defendants — The lower appellate court's judgment favoring the plaintiff was set aside — The c
India Law Library Docid # 2416320

(639) STATE OF U.P. Vs. RAJDEO SINGH AND OTHERS[ALLAHABAD HIGH COURT] 29-07-2024
Penal Code, 1860 (IPC) — Sections 147, 148, 149, 395, 436, 323, 325, 506 — The case involves the State of U.P. appealing against the acquittal of respondent and others in a 1985 incident involving assault, robbery, and arson —Whether the trial court erred in acquitting the accused based on the evidence presented —The prosecution argued that the trial court misjudged the evidence, and the witnesses' testimonies were reliable —The defense claimed the witnesses were unreliable and had motives to fa
India Law Library Docid # 2416321

(640) AFJAL ANSARI Vs. STATE OF U.P.[ALLAHABAD HIGH COURT] 29-07-2024
Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Act, 1986 — Sections 3(1) and 18 — Penal Code, 1860 (IPC) — Sections 147, 148, 149, 302, 404 and 120B — Criminal Law Amendment Act, 2013 — Section 7 — Afjal Ansari was convicted under the Act, 1986 —The main issue was whether the conviction and sentence were justified based on the evidence and legal principles — The appellant argued that the conviction was influenced by the trial court's reliance on hostile witnesses and that the p
India Law Library Docid # 2416322