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(621) MANNU @ SADDAM @ MD. MANNU SADAM Vs. THE STATE OF BIHAR[PATNA HIGH COURT] 30-10-2024
Penal Code, 1860 (IPC) — Sections 376, 342 and 120 (B) — Protection of Children from Sexual Offences Act, 2012 — Section 4 — The appellant was convicted for raping a minor — The main issue was whether the victim was a minor at the time of the offense, which is crucial for applying the POCSO Act — The appellant argued that the victim's age was not proven as required by law, and there were inconsistencies in the victim's testimony — The State maintained that the victim was a minor based on oral ev
India Law Library Docid # 2419900

(622) AMIT KUMAR Vs. STATE OF BIHAR[PATNA HIGH COURT] 30-10-2024
Penal Code, 1860 (IPC) — Section 376(2)(f) — Protection of Children from Sexual Offences Act, 2012 — Section 6 — Rape of a 6-year-old girl — The appeal challenges the conviction, questioning the victim's age, the reliability of witness testimonies, and the lack of forensic evidence — The defense argued false implication due to neighborhood disputes, inconsistencies in witness testimonies, and procedural lapses in medical and forensic examinations — The prosecution maintained that the victim's te
India Law Library Docid # 2419901

(623) DEVENDRA SINGH Vs. KAILASH PRASAD AND OTHERS[PATNA HIGH COURT] 30-10-2024
Civil Procedure Code, 1908 (CPC) — Order 20 Rule 12 — Suit for recovery of possession and mesne profits — The petitioner filed a petition to set aside an order directing him to pay mesne profits to the respondent, who had filed a suit for recovery of possession and mesne profits — Whether the Executing Court had jurisdiction to determine mesne profits and whether the order for payment of mesne profits was valid — The petitioner argued that the Executing Court exceeded its jurisdiction by determi
India Law Library Docid # 2419906

(624) MANTU YADAV Vs. STATE OF BIHAR[PATNA HIGH COURT] 30-10-2024
Penal Code, 1860 (IPC) — Section 376 — Rape — The main issue was whether the conviction under Section 376 IPC was justified given the evidence presented — The appellant argued that the trial court did not properly appreciate the evidence, highlighting the lack of medical evidence and the possibility of false implication due to a land dispute — The State maintained that the conviction was based on credible evidence and there were no grounds for acquittal — The High Court found significant gaps in
India Law Library Docid # 2419909

(625) DEVENDRA KUMAR SINGH Vs. THE STATE OF BIHAR AND OTHERS[PATNA HIGH COURT] 30-10-2024
Stamp Act, 1899 — Section 47(A)(1) — Deficit stamp duty — The petitioner purchased land classified as agricultural but was later found to be residential — He was directed to pay a deficit stamp duty and penalty — Whether the Sub-Registrar had the authority to refer the matter for deficit stamp duty after the registration of the sale deed — The reference for deficit stamp duty was made after the registration, which is against Section 47(A)(1) — The petitioner concealed the true nature of the land
India Law Library Docid # 2419915

(626) BABRA NAGAR PALIKA Vs. ASHOKBHAI SOMABHAI VARSADA[GUJARAT HIGH COURT] 30-10-2024
Gujarat Municipality Act, 1963 — Section 50(1) — The respondent was appointed as a Valman by Babra Nagar Palika on 01.08.2003 — Despite continuous service, he was paid less than minimum wages and not regularized — The main issue was whether the respondent's service should be regularized and if he should receive permanency benefits — The petitioner argued that the respondent's appointment was temporary, not following due procedure, and that there was no sanctioned post for Valman — They also cite
India Law Library Docid # 2420228

(627) R.CHINNAPITCHAI (DIED) MUTHU Vs. STATE AND OTHERS[MADRAS HIGH COURT] 30-10-2024
Penal Code, 1860 (IPC) — Sections 147, 148, 323, 324, 307 and 302 — Murder — The accused were acquitted by the trial court — Appeal against Acquittal — The main issue is whether the acquittal of the accused by the trial court was justified — The appellant argued that the trial court failed to consider the evidence properly and that the accused should be convicted based on the injuries and testimonies of the witnesses — The respondents argued that there was a group fight, and injuries were caused
India Law Library Docid # 2420339

(628) NEW INDIA ASSURANCE CO. LIMITED Vs. ABDUL GANI RATHER AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT (SRINAGAR BENCH)] 30-10-2024
Motor Vehicles Act of 1988 — Section 173 — Permanent Disability — The main issues were whether the accident occurred as claimed, if the driver had a valid license, and the amount of compensation due — The insurance company argued that the compensation was not just, the accident was caused by the minor son of an Education Minister, and there were procedural lapses in the investigation — The respondents claimed the accident occurred as stated, and the insurance company was liable to pay the compen
India Law Library Docid # 2420469

(629) UWENDRA THAPA @ NORDY AND OTHERS Vs. SHRI TSEWANG DORJEE RINZING AND OTHERS[SIKKIM HIGH COURT] 30-10-2024
Transfer of Property Act, 1882 — Plaintiff's claim of ownership and possession of the suit land, based on an alleged oral agreement with the deceased owner, was not valid under the Transfer of Property Act, 1882 and the Specific Relief Act, 1963 — The court found that a transfer of immovable property with a value exceeding one hundred rupees can only be made through a registered instrument, not an oral agreement — The court also determined that the plaintiff's claim was also barred by the Specif
India Law Library Docid # 2421047

(630) DR. G K ARORA AND ANOTHER Vs. STATE AND ANOTHER[DELHI HIGH COURT] 29-10-2024
Penal Code, 1860 (IPC) — Section 306 — Abetment to suicide — Quashing of Summoning Order — The deceased self-immolated and left a suicide note blaming the petitioners for harassment — Whether the petitioners' actions amounted to abetment of suicide under Section 306 of the IPC — The petitioners argued there was no direct or proximate cause linking their actions to the suicide, citing a lack of evidence and the closure of previous complaints against them — The respondents contended that the petit
India Law Library Docid # 2419187

(631) PRAVESH NARULA TRADING AS M/S. CAPITAL ENTERPRISES Vs. RAJ KUMAR JAIN TRADING AS M/S. BHOLARAM PURANMALL AND ANOTHER[DELHI HIGH COURT] 29-10-2024
Trademark — Copyright infringement — Injunction — Amendment of Plaint — The plaintiff filed a suit for permanent injunction against the defendants for copyright infringement and other reliefs — During the suit, the plaintiff's trademark was registered — Whether the plaintiff can amend the plaint to include the fact of trademark registration and seek additional reliefs based on this registration —The plaintiff argued that the amendment is necessary for complete adjudication and to avoid multiplic
India Law Library Docid # 2419188

(632) JOGA SINGH Vs. STATE OF PUNJAB[PUNJAB AND HARYANA HIGH COURT] 29-10-2024
Narcotic Drugs and Psychotropic Substances Act, 1985 — Sections 21(c), 25 and 29 — Arms Act, 1959 — Section 25 — Penal Code, 1860 (IPC) — Sections 379, 411 and 489 — Recovery of with 500 grams of heroin and weapons and is involved in another case from 2019 — Whether bail should be granted despite being involved in another case and the trial not concluding soon — The petitioner claims false implication, non-compliance with mandatory provisions, and lengthy custody without trial conclusion — He ci
India Law Library Docid # 2419238

(633) M/S SAMRAT SALES AND ANOTHER Vs. M/S MOHAN LAL AND CO. AND ANOTHER[PUNJAB AND HARYANA HIGH COURT] 29-10-2024
Civil Procedure Code, 1908 (CPC) — Order 6 Rule 17 — Amendment of pleading — The landlord-respondents filed an ejectment application on 10.05.2017 for non-payment of rent and personal necessity — They later sought to amend the application to include a new ground for eviction — Whether the amendment to the ejectment application should be allowed and whether the Rent Controller has jurisdiction over the premises — The amendment is irrelevant, filed late, and changes the nature of the dispute — Th
India Law Library Docid # 2419239

(634) SIBI AND OTHERS Vs. STATE OF KERALA AND OTHER[KERALA HIGH COURT] 29-10-2024
Penal Code, 1860 (IPC) — Sections 120B, 143, 147, 148, 341, 324, 326, 302, 201, 118, 212 and 149 — Arms Act, 1959 — Section 27 — The case involves multiple accused charged with various offenses, including murder, under the IPC and the Arms Act — The incidents occurred in June 2012, involving rival gangs — The main issue is whether the accused were guilty of the charges based on circumstantial evidence and the reliability of the approver's testimony — The defense argued that the case relied solel
India Law Library Docid # 2419633

(635) SHWETA MISHRA Vs. THE STATE OF BIHAR AND OTHERS[PATNA HIGH COURT] 29-10-2024
Service Law — Disciplinary proceedings — The petitioner a Deputy Collector, was penalized for not inspecting a shelter home properly, based on a CBI report — She was censured and had two increments withheld — The main issues were whether the disciplinary proceedings followed proper procedures and whether the penalties were justified — Petitioner argued that the disciplinary action was based on an ex-parte CBI report, without proper inquiry or evidence, and violated principles of natural justice
India Law Library Docid # 2419899

(636) RAM LAL @ RAM LAL SINGH Vs. THE STATE OF BIHAR AND OTHERS[PATNA HIGH COURT] 29-10-2024
Penal Code, 1860 (IPC) — Sections 302 and 34 — Murder by burning alive by husband and his family due to dowry demands — The trial court acquitted the accused — Whether the trial court erred in acquitting the accused based on the evidence presented, including the dying declaration and circumstantial evidence — The prosecution argued that the dying declaration and consistent witness statements proved the guilt of the accused beyond reasonable doubt — The defense contended that the dying declaratio
India Law Library Docid # 2419903

(637) BINDESHWARI PASWAN AND OTHERS Vs. THE STATE OF BIHAR[PATNA HIGH COURT] 29-10-2024
Penal Code, 1860 (IPC) — Sections 147, 148, 149, 323, 341, 379, 307 and 504 — Causing injuries and stealing ornaments — The main issue is whether the appellants are guilty of the charges, including assault and theft, based on the evidence presented — The appellants argue that the trial court erred in convicting them due to lack of reliable evidence, contradictions in witness testimonies, and absence of medical reports — The prosecution contends that the testimonies of the injured and other witne
India Law Library Docid # 2419905

(638) ARBIND KUMAR CHOUDHARY Vs. THE STATE OF BIHAR AND OTHERS[PATNA HIGH COURT] 29-10-2024
Service Law — Selection Process — The appellant challenged the selection process for the post of Panchayat Teacher, claiming errors in the selection list — The main issue was whether the selection and appointment process was conducted fairly, particularly regarding the allocation of reserved category candidates to general category positions based on merit — The appellant argued that the selection list was flawed as SC candidates with higher marks than the last selected general category candidate
India Law Library Docid # 2419910

(639) VIJAY KUMAR Vs. THE STATE OF BIHAR[PATNA HIGH COURT] 29-10-2024
Dissolution of the Governing Body of College by the Vice Chancellor — The dissolution was challenged by the petitioner, who is a member of the Governing Body — The main issue is whether the Vice Chancellor had the jurisdiction and competence to dissolve the Governing Body without forwarding the complaint to the Syndicate and without providing a hearing to the Governing Body — The petitioner argued that the dissolution was without jurisdiction and competence, and that the Vice Chancellor acted on
India Law Library Docid # 2419914

(640) BALWINDER SINGH ALIAS CHIRI Vs. STATE OF HIMACHAL PRADESH[HIMACHAL PRADESH HIGH COURT] 29-10-2024
Narcotic Drugs and Psychotropic Substances Act, 1985 — Sections 21, 22 & 29 — Motor Vehicles Act, 1988 — Sections 181, 184, 192 and 196 — The petitioner was implicated in a case involving the possession and sale of narcotics, specifically heroin — He was arrested after a series of investigations and searches that led to the recovery of drugs and cash — The main issue is whether the petitioner should be granted bail, considering the severity of the charges and his alleged involvement in the illic
India Law Library Docid # 2420096