(641) RAMESH YADAV Vs. STATE OF U.P.[ALLAHABAD HIGH COURT] 29-07-2024 Penal Code, 1860 (IPC) — Sections 302 read with 34 — The case involves the murder on 07.12.2001 — The accuseds were convicted by the trial court for the murder —The main issue was whether the accused were guilty of the murder — The appellants argued that the conviction was erroneous, based on unreliable witnesses, and that they were falsely implicated due to enmity — The prosecution maintained that the evidence, including eyewitness testimony and medical reports, proved the guilt of the accused India Law Library Docid # 2416323
(642) RAMKISHORE BHARATSINH YADAV Vs. STATE OF GUJARAT AND ANOTHER[GUJARAT HIGH COURT] 29-07-2024 Penal Code, 1860 (IPC) — Sections 328, 379, 363 and 376(2) (f)(g) — Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 — Section 3(2)(v) — The High Court of Gujarat has acquitted who were convicted for the gang-rape of a minor girl in 2011 — The court found that the prosecution failed to provide sufficient evidence to prove the guilt of the accused beyond reasonable doubt — The key evidence against the accused, including confessions made during police custody, were de India Law Library Docid # 2416324
(643) LARSEN & TOUBRO LIMITED Vs. M/S.TEXMO PIPES AND PRODUCTS LIMITED[MADRAS HIGH COURT] 29-07-2024 Arbitration and Conciliation Act, 1996 — Section 11(6) —Petitioner issued Purchase Orders to Respondent — Disputes arose over the quality of pipes and financial claims — Whether the General Conditions of Contract (GCC) apply and if the arbitration clause within the GCC is binding — The Purchase Orders referenced the GCC, which includes an arbitration clause — Respondent acted upon these orders, implying acceptance —The GCC was not signed by both parties, and the invoices specified Burhanpur juri India Law Library Docid # 2416325
(644) S.S.D.M WATER INDUSTRIES Vs. STATE, REP. BY THE INSPECTOR OF POLICE[MADRAS HIGH COURT] 29-07-2024 Tamil Nadu Prohibition Act, 1937 — Sections 4(1)(aaa), 4(1-A) —Tamil Nadu Rectified Spirit Rules, 2000 — Rules 7 and 11 — Penal Code, 1860 (IPC) — Sections 468, 471 and 420 — Three vehicles were seized by the police for illegal transportation of rectified spirit — The owners filed petitions to return their vehicles — Whether the vehicles should be returned to the petitioners despite being used for illegal activities —The petitioners argued that they were not involved in the illegal activities a India Law Library Docid # 2416326
(645) THE NEW INDIA ASSURANCE CO.LTD Vs. SIVANANTHA PERUMAL (DIED) BY LRS AND OTHERS[MADRAS HIGH COURT (MADURAI BENCH)] 29-07-2024 Workmen's Compensation Act, 1923 — Section 12(2) — Employee died due to electrocuting while working — Insurance policy coverage for sub-contractor employees and insurance company's liability — Insurance company argues policy excludes sub-contractors — Respondents argue main contractor is principal employer — Court dismisses appeal, holds policy covers sub-contractors — Exclusion clause violates Employee's Compensation Act — Main contractor liable for sub-contractor compensation — Court refers t India Law Library Docid # 2416327
(646) PRAKASH @ THAVAKKALAI Vs. STATE REPRESENTED BY INSPECTOR OF POLICE[MADRAS HIGH COURT] 29-07-2024 Penal Code, 1860 (IPC) — Sections 302 and 304 — A1, a history-sheeter, with A2 and A3, attacked the deceased, a police informer, leading to his death — The incident occurred on 20.08.2011, and the deceased died on 25.08.2011 —The main issue was whether the appellants were guilty of murder under Section 302 IPC or culpable homicide under Section 304 IPC — A2 and A3 were acquitted — A1's conviction was modified from murder to culpable homicide not amounting to murder, with a sentence of seven yea India Law Library Docid # 2416328
(647) JAHIR KHAN Vs. STATE OF MADHYA PRADESH[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 29-07-2024 Penal Code, 1860 (IPC) — Sections 420 read with 34 — Forgery and fraud related to land ownership documents — Bail — Whether Petitioner should be granted anticipatory bail considering the allegations of forgery and fraud — The petitioner argued for bail on the grounds of parity with co-accused who were granted bail and claimed the civil court had already ruled in their favor — The respondents opposed the bail, citing forged documents and the civil court's decree obtained through fraud — The court India Law Library Docid # 2416308
(648) M/S. SHREE RAM BUILDERS Vs. STATE OF MADHYA PRADESH AND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 29-07-2024 M.P. Land Revenue Code, 1959 — Section 250 — Encroachment — The appellant's land was encroached upon, despite several orders in their favor — The court examined if the encroachers (respondents) had legal rights and if the interim protection by the Single Judge was justified — It was found that the respondents had no legal rights, their documents were suspicious, and the writ petition was filed to obstruct previous court orders — Since the respondents were not involved in previous proceedings, th India Law Library Docid # 2416309
(649) GOPAL SABU AND ANOTHER Vs. STATE OF MADHYA PRADESH AND ANOTHER[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 29-07-2024 Trade Marks Act, 1999 — Sections 102(2)(a), 103 and 104 — In a family dispute over the 'SACHAMOTI' trademark, the complainant alleges document forgery by the applicants to usurp the trademark — The applicants argue that the FIR and ongoing proceedings should be quashed due to the civil nature of the dispute and the pending civil suit — They deny forgery and the complainant's standing to challenge the documents — The complainant insists on the FIR's validity, claiming wrongful loss and gain due t India Law Library Docid # 2416310
(650) ASHOK AND OTHERS Vs. RAJENDRAKUMAR MADANLAL KALA SINCE DECEASED THROUGH HIS L.RS.[BOMBAY HIGH COURT (AURANGABAD BENCH)] 29-07-2024 Agreement to Sell — Suit for specific performance — Execution of an agreement to sell does not amount to a breach of an undertaking given to the court to not sell, transfer or alienate the suit property without prior permission — The court stated that the execution of an agreement to sell does not create any interest or charge on the property and therefore, does not constitute a breach of the undertaking — The court also stated that the mere acceptance of part consideration and handing over poss India Law Library Docid # 2416430
(651) KRISHAN PAL SINGH Vs. STATE OF HARYANA AND ANOTHER[PUNJAB AND HARYANA HIGH COURT] 29-07-2024 Negotiable Instruments Act, 1881 — Section 138 — Dishonour of Cheque worth Rs. 35,00,000 — Compromise — The trial court sentenced him to two years and ordered compensation — The petitioner sought to set aside the conviction and sentence, arguing that the matter had been settled with the complainant — The petitioner claimed the matter was settled and requested the court to quash the proceedings based on the compromise — The State’s counsel opposed the petition formally, while the complainant’s co India Law Library Docid # 2416606
(652) BIRMA RAM Vs. STATE OF HARYANA[PUNJAB AND HARYANA HIGH COURT] 29-07-2024 Narcotic Drugs and Psychotropic Substances Act, 1985 — 15C, 27A, 29, 61 and 85—The petitioner was implicated in a case involving the recovery of 170 kgs of doda post — His name surfaced in the disclosure statement of a co-accused — Whether the petitioner should be granted regular bail despite being named in the disclosure statement of a co-accused and no recovery being made from him — The petitioner argued false implication, citing no recovery from him and relying on various judgments that suppo India Law Library Docid # 2416608
(653) GURBHEJ SINGH Vs. U.T. CHANDIGARH[PUNJAB AND HARYANA HIGH COURT] 29-07-2024 Penal Code, 1860 (IPC) — Sections 406, 420, 467, 468, 471 and 120B —Prevention of Corruption Act, 1988 — Section 13(1) — The petitioner is accused of embezzling government funds through forged documents between 2014-2016 —Whether the petitioner should be granted anticipatory bail given the allegations and evidence — Petitioner claims the case is a counterblast to his legal actions against the department, denies wrongdoing, and argues for bail due to lack of criminal history and documentary evide India Law Library Docid # 2416609
(654) HARMANJIT SINGH Vs. STATE OF PUNJAB[PUNJAB AND HARYANA HIGH COURT] 29-07-2024 Penal Code, 1860 (IPC) — Sections 452, 323, 324, 326, 506, 148 and 149 —Petitioner sought anticipatory bail after being accused of assaulting ‘G’ and others — Both parties have conflicting versions of the incident —Whether petitioner should be granted anticipatory bail given the circumstances and evidence presented —Petitioner argued that he was falsely implicated, had no criminal antecedents, and was under treatment during the incident —The State opposed the bail, citing the severity of the inj India Law Library Docid # 2416610
(655) HARCHARAN SINGH Vs. STATE OF PUNJAB AND ANOTHER[PUNJAB AND HARYANA HIGH COURT] 29-07-2024 Negotiable Instruments Act, 1881 — Section 138 — Dishonour of cheque of amounting Rs. 1,80,000 —The petitioner seeks to set aside the conviction based on a compromise with the complainant —The court set aside the conviction and sentence due to the compromise, subject to the petitioner depositing 15% of the cheque amount with the High Court Legal Aid Committee —The petition was allowed, and all pending applications were closed — The petitioner must comply with the conditions to avoid reinstatemen India Law Library Docid # 2416611
(656) UNITED INDIA INSURANCE CO. LTD. Vs. JASWANT SINGH AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 29-07-2024 Motor Vehicles Act, 1988 — Section 166 — Enhancement of Compensation — Claimant sustained injuries in a motor vehicle accident and was awarded Rs. 50,000/- by the MACT, Faridabad — The claimant argued for higher compensation and no deductions for medical expenses covered by a medi-claim policy — The Insurance Company sought recovery rights due to lack of driving license and other documents — The claimant contended that deductions for medical expenses were unjust and sought higher compensation un India Law Library Docid # 2416618
(657) NIKHIL KANOJIA Vs. STATE BANK OF INDIA[PUNJAB AND HARYANA HIGH COURT] 29-07-2024 Civil Procedure Code, 1908 (CPC) — Order 8 Rule 1 — Written statement — The petitioner was unable to file a written statement in a civil suit due to special duties and general elections — The trial court struck off the petitioner's defense for not filing the written statement on time — The delay was not willful but due to unavoidable circumstances — The petitioner requested one more opportunity to file the written statement — The court granted the petitioner one more opportunity to file the writ India Law Library Docid # 2416619
(658) SMT. GOURAMMA @ GANGAMMA Vs. THE DEPUTY COMMISSIONER AND OTHERS[KARNATAKA HIGH COURT] 29-07-2024 Karnataka Scheduled Caste and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 — Sections 2(b) and 5 — The case involves appellant to challenge the resumption of land orders by the Assistant and Deputy Commissioners under the Act, 1978 India Law Library Docid # 2417026
(659) SHRI. BASHIRAHMED Vs. SMT. SURAYYA AND OTHERS[KARNATAKA HIGH COURT] 29-07-2024 Property Dispute — The case involves a dispute over a 1/4th share in a house property following a marital dissolution through Khulanama — Whether the plaintiff is entitled to a 1/4th share in the property and if the suit is maintainable India Law Library Docid # 2417027
(660) DR. PRIYANKA ARORA AND OTHERS Vs. STATE OF UTTARAKHAND AND OTHERS[UTTARAKHAND HIGH COURT] 29-07-2024 Service Law — Regularisation — Petitioners were appointed as Ayurvedic Medical Officers on a contract basis in 2010 and have served for over 14 years — They seek regularization and equal pay — Whether the petitioners are entitled to regularization and equal pay as their permanent counterparts — Petitioners argue they should be regularized and receive equal pay since they have served for over 14 years — The State argues that appointments must be made in consultation with the Public Service Commis India Law Library Docid # 2417077