(641) DR. GULSHAN KUMAR DHIMAN Vs. STATE OF H.P. AND ANOTHER[HIMACHAL PRADESH HIGH COURT] 29-10-2024 Service Law — Appointment — The petitioners applied for the post of Principal (College Cadre) but were rejected because they did not study the concerned subject at the graduation level — Whether the requirement to have studied the concerned subject at the graduation level for the post of Principal is valid — The petitioners argued that the additional qualification was arbitrary, discriminatory, and had no rational nexus to the duties of a Principal — The respondents contended that the qualificat India Law Library Docid # 2420097
(642) STATE OF H.P. AND OTHERS Vs. BALWANT SINGH AND OTHERS[HIMACHAL PRADESH HIGH COURT] 29-10-2024 Central Civil Service (Pension) Rules, 1972 — Himachal Pradesh Civil Services Contributor Pension Rules, 2006 — Petitioners were initially employed as Timber Watchers in the Himachal Pradesh State Forest Corporation and later recruited as Forest Guards through Limited Direct Recruitment (LDR) after 15.05.2003 — Whether the petitioners are entitled to the benefits under the CCS (Pension) Rules, 1972, considering their past service with the Corporation — Petitioners argued that their past service India Law Library Docid # 2420098
(643) STATE OF GUJARAT Vs. RAGHAVJI BHAGAVNJI KACHHTIYA AND ANOTHER[GUJARAT HIGH COURT] 29-10-2024 Penal Code, 1860 (IPC) — Sections 302 and 504 — Murder — The accused were acquitted by the Sessions Court — The primary issue was whether the dying declarations and other evidence were sufficient to convict the accused — The State argued that the trial court erred in not believing the dying declarations and other evidence, asserting that the deceased was conscious and fit to give a statement — The defense supported the trial court's decision, emphasizing discrepancies in the dying declarations a India Law Library Docid # 2420208
(644) KAMAL ASHVINBHAI RATHOD Vs. SIDDHIK SABIRBHAI MANSURI AND OTHERS[GUJARAT HIGH COURT] 29-10-2024 Motor Accident Claim — Permanent disability — The main issue was whether the compensation awarded by the Motor Accident Claims Tribunal was adequate, considering the claimant's permanent disability and future loss of income — The claimant argued for higher compensation, citing his permanent disability, loss of future income, and the need for additional amounts for pain, suffering, and other expenses — The insurance company contended that the compensation awarded was fair and reasonable, given th India Law Library Docid # 2420216
(645) JAYESHKUMAR BHAGWANBHAI PANCHOLI Vs. STATE OF GUJARAT AND OTHERS[GUJARAT HIGH COURT] 29-10-2024 Gujarat Home Guards Act, 1947 — Section 2(1)(2) — The appellant challenged the appointment of respondent No. 3 as District Commandant, Home Guard due to his lack of educational qualifications — Whether the appointment of respondent No. 3, who has a 9th Standard education, over the appellant, a Bachelor of Commerce graduate, was justified — The appellant argued that the appointment violated the guidelines requiring a minimum educational qualification of graduation for the post — The State defende India Law Library Docid # 2420221
(646) G.KULANCHIYAPPAN Vs. THE VICE CHANCELLOR INDIAN MARITIME UNIVERSITY AND ANOTHER[MADRAS HIGH COURT] 29-10-2024 Indian Maritime University Act, 2008 — Section 49 — The appellants, all postgraduates, were employed by the Indian Maritime University (IMU) on a temporary basis — They sought regularization of their services — Whether the appellants' temporary appointments should be regularized, considering the absence of recruitment rules until 2015 and their satisfactory service — The appellants argued that their appointments were necessary and regular, given the lack of recruitment rules and their satisfacto India Law Library Docid # 2420340
(647) THE UNION OF INDIA AND OTHERS Vs. VINAY KUMAR[GAUHATI HIGH COURT] 29-10-2024 Service Law — Disciplinary Proceedings — The respondent was accused of deleting an addition of Rs. 120.55 crore in an appeal he decided hastily while serving as Commissioner of Income Tax (Appeal)-VIII, Kolkata — Whether the disciplinary proceedings for his quasi-judicial actions were justified and whether the delay in initiating these proceedings was prejudicial — The petitioners argued that disciplinary action could be taken against an officer for negligent or reckless quasi-judicial actions, India Law Library Docid # 2420451
(648) ROKIA KHATUN @ ROKIYA KHATUN Vs. THE UNION OF INDIA AND OTHERS[GAUHATI HIGH COURT] 29-10-2024 Foreigners Act, 1946 — Section 9 — Petitioner was declared a foreigner by the Foreigners’ Tribunal in 2017 — She filed a writ petition which was dismissed in 2019 — She is now seeking a review of that decision — The main issue is whether the court should review its previous decision that upheld the Foreigners’ Tribunal's opinion declaring petitioner a foreigner — The petitioner argues that the court did not properly consider various pieces of evidence, including voter lists and other documents, India Law Library Docid # 2420452
(649) YARRAMSETTI CHANDRA SEKHARA RAO [DIED] OTHERS Vs. POTHULA VENKATA SATYANARAYANA E.G. DIST. AND ANOTHER[ANDHRA PRADESH HIGH COURT] 29-10-2024 Heard the arguments of Sri N.Siva Reddy, learned counsel for the appellants/claimants and Sri Vinod Kumar Tarlada, learned Standing Counsel for respondent No.2/APSRTC. This appeal is directed by the appellants/claimants challenging the Judgment and Decree dated 08.04.2015 passed in M.V.O.P.No.282 of 2011 by the Motor Accident Claims Tribunal-cum-IV Additional District Judge, East Godavari at Kakinada (hereinafter referred to ‘the Tribunal’). India Law Library Docid # 2420945
(650) VEERANKI VEERA RAGHAVULU AND OTHERS Vs. KARANKI VENKATA SIVA PRASAD AND OTHERS[ANDHRA PRADESH HIGH COURT] 29-10-2024 The respondents herein had filed O.S.No.51 of 2010 before the Senior Civil Judge, Repalle, for specific performance of an agreement of sale dated 24.02.1999 in relation to Ac.4.26 cents of land. This suit, which was initially filed against two defendants, was resisted by them. In the written statement, the defendants, while not disputing the agreement of sale dated 24.02.1999, had pleaded that certain words had been interpolated in the document and denied receipt of balance consideration, apart India Law Library Docid # 2420946
(651) BHIMINENI PURNA CHANDRA RAO Vs. STATE OF A.P.[ANDHRA PRADESH HIGH COURT] 29-10-2024 Assailing the judgment dated 08.07.2010 in Crl.A.No.111 of 2010 on the file of the Court of learned Additional Sessions Judge-cum-Family Court at Guntur, confirming the conviction and sentence passed against the accused by the judgment dated 02.03.2010 in C.C.No.401 of 2004 on the file of the Court of learned I Additional Judicial Magistrate of First Class at Sattenapalli, for the offences under Section 304-A and 337 of Indian Penal Code (hereinafter referred to as “IPC”), the petitioner/accused India Law Library Docid # 2420947
(652) V. SAKUNTHALAMMA AND OTHERS Vs. P DHANALAKSHMI[ANDHRA PRADESH HIGH COURT] 29-10-2024 The appeal is filed against the judgment and decree dated 22-11-2002 in O.S.No.212 of 1990 passed by the learned Additional Senior Civil Judge, Narasaraopet, Guntur District. The suit is filed for specific performance of contract of sale. It is pleaded that the 1st defendant is the wife of 2nd defendant and the 1st defendant is the owner of plaint schedule property having perfected her title, offered the same for a consideration of Rs.1,85,000/- to the plaintiff and agreed to deliver original ti India Law Library Docid # 2420948
(653) MANMOHAN SINGH KOHLI Vs. AMARJIT SINGH KOHLI AND OTHERS[DELHI HIGH COURT] 28-10-2024 Partition Suit — Gift Deed — Will — The court clarified that in cases of co-owners, possession of one is considered possession of all, unless there is evidence of ouster or exclusion. India Law Library Docid # 2419189
(654) ATHER ALI @ MUNNI RAJA AND ANOTHER Vs. MOHD.SHAFI (DECEASED) THROUGH AR MOHD.AKBAR[DELHI HIGH COURT] 28-10-2024 Limitation Act, 1963 — Section 5 — Condonation of Delay — The appellants sought condonation of a 1926-day delay in filing an appeal against a money decree dated 11.04.2018 — The appeal was filed on 26.07.2023 — Whether the delay in filing the appeal should be condoned — The appellants claimed they were unaware of the decree due to fraudulent actions by the respondent and personal hardships, including illness and imprisonment — The respondent argued that the appellants were aware of the decree an India Law Library Docid # 2419190
(655) UNIQUE TRADERS Vs. STATE OF HARYANA AND ANOTHER[PUNJAB AND HARYANA HIGH COURT] 28-10-2024 Negotiable Instruments Act, 1881 — Section 138 — Dishonour of Cheque — The petitioner was declared a proclaimed person by the trial court — The petitioner challenged the orders declaring him a proclaimed person, arguing that the notices were not properly served due to incorrect address and name — The petitioner claimed he was unaware of the proceedings due to incorrect service of notices and was ready to appear before the trial court — He also mentioned personal hardships, including his wife's i India Law Library Docid # 2419240
(656) U.T. CHANDIGARH AND OTHERS Vs. SATNAM SINGH AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 28-10-2024 Penal Code, 1860 (IPC) — Sections 419, 420, 225-B, 468 and 120-B — Explosive Substances Act, 1908 — Sections 4, 5 and 6 — The accused were involved in a conspiracy to assassinate the then Chief Minister of Punjab, Beant Singh, and were found with explosive substances — The main issues revolve around the validity of the convictions and the adequacy of the evidence presented, including the credibility of disclosure statements and recoveries made — The petitioner (U.T. Chandigarh) sought the convic India Law Library Docid # 2419241
(657) SYED BAQUER HUSSAIN Vs. STATE OF TELANGANA AND OTHERS[TELANGANA HIGH COURT] 28-10-2024 Hyderabad Municipal Corporation Act, 1955 — Section 636 — The petitioner claims ownership of a house — He alleges that the respondents demolished the roof and staircase of his property without proper notice or legal procedure — The main issues are the legality of the demolition orders and whether the petitioner is entitled to compensation for the alleged illegal demolition and mental agony — The petitioner argues that the demolition was illegal, arbitrary, and violated his constitutional rights India Law Library Docid # 2419779
(658) M/S. IDL EXPLOSIVES LIMITED Vs. SINGARENI COLLIERIES COMPANY LIMITED AND OTHERS[TELANGANA HIGH COURT] 28-10-2024 Tender — Disqualification from a tender despite an interim court order allowing participation — Whether the disqualification by SCCL was justified despite the interim order and if the tender conditions were arbitrary or violated constitutional rights — The petitioner argued that the disqualification was arbitrary, violated the interim order, and that the tender conditions were unconstitutional and vague — SCCL contended that the disqualification was in compliance with the tender conditions and n India Law Library Docid # 2419785
(659) VENU SWAMY Vs. THE STATE OF TELANGANA AND OTHERS[TELANGANA HIGH COURT] 28-10-2024 Telangana Women’s Commission Act, 1998 — Sections 16(1)(b) and 16(1)(2) — The petitioner an astrologer, challenged the summons issued by the Telangana State Women's Commission based on a complaint alleging that he maligned celebrities and politicians through irrational predictions — Whether the summons issued by the Commission was valid and within its jurisdiction, and whether the Commission followed proper procedures — The petitioner argued that the summons was issued without jurisdiction, with India Law Library Docid # 2419786
(660) GKR INFRACON (INDIA ) PRIVATE LIMITED Vs. TELANGANA MINERAL DEVELOPMENT CORPORATION LIMITED AND OTHERS[TELANGANA HIGH COURT] 28-10-2024 Tender — Bid — Petitioner’s bid for a desiltation tender was rejected by Telangana Mineral Development Corporation (TGMDC) without clear reasons — The petitioner claimed compliance with all tender conditions — Whether the rejection of the petitioner's bid was arbitrary and violated principles of natural justice — Petitioner argues that the rejection was unlawful and lacked transparency — The petitioner met all tender requirements, and the decision-making process was flawed — Respondent states th India Law Library Docid # 2419787