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(661) VANGAPALLI SEETHA RAMULU Vs. ANUMANDLA MALLA REDDY AND OTHERS[TELANGANA HIGH COURT] 28-10-2024
Law of Evidence — Xerox copy of the sale deed — The petitioner filed Petition to set aside an order denying permission to lead secondary evidence by producing a copy of a simple sale deed — Whether the petitioner can introduce a xerox copy of the sale deed as secondary evidence when the original document is lost and not duly stamped — The petitioner argued that the original sale deed was lost and sought to introduce a xerox copy as secondary evidence, supported by a police certificate — The resp
India Law Library Docid # 2419774

(662) RAJIVE NANDAN MOURYA Vs. THE STATE OF BIHAR AND OTHERS[PATNA HIGH COURT] 28-10-2024
Service Law — Caste and Domicile certificates — Validity of — The appellant joined the Bihar State services as an Assistant Engineer in 1987 under the Scheduled Caste category — His caste and domicile certificates, obtained in 2014, were later questioned for their validity — The main issue is whether the appellant's caste and domicile certificates were falsely obtained and if the disciplinary actions, including dismissal from service, were justified without the cancellation of these certificates
India Law Library Docid # 2419907

(663) LAXMI NARAYAN @ NANKHA Vs. THE STATE OF BIHAR[PATNA HIGH COURT] 28-10-2024
Penal Code, 1860 (IPC) — Section 376 — Protection of Children from Sexual Offences Act, 2012 — Sections 3 and 4 — The appellant was convicted of raping a minor girl aged 6-7 years — The main issues were the delay in lodging the FIR, the credibility of the victim's testimony, and the lack of certain forensic evidence — The appellant argued that the delay in filing the FIR was fatal to the prosecution's case, the medical examination of the accused was not conducted, and key witnesses were not exam
India Law Library Docid # 2419912

(664) COMPTROLLER AND AUDITOR GENERAL OF INDIA AND ANOTHER Vs. DEEPAK SHARMA AND OTHERS[HIMACHAL PRADESH HIGH COURT] 28-10-2024
Limitation Act, 1963 — Section 5 — The main issue is whether the seniority of respondents should be counted from the date they qualified the Section Officers’ Grade Examination or from the date they initially joined the post — The petitioners argue that the seniority should be counted from the date of qualification, not the date of joining — The respondents argue that the seniority should be counted from the date of appointment, as per the Supreme Court's ruling — The court held that the petitio
India Law Library Docid # 2420099

(665) SATISHBHAI @ SATYO KANUBHAI CHAUHAN Vs. STATE OF GUJARAT AND OTHERS[GUJARAT HIGH COURT] 28-10-2024
Gujarat Prevention of Anti-social Activities Act, 1985 — Section 2(c) — The petitioner, was preventively detained by the Police Commissioner as a "dangerous person" — The main issue was whether the detention order was valid, considering the petitioner's activities were argued to affect public order — The petitioner's counsel argued that the offenses cited did not affect public order but were merely law and order issues — The State contended that the petitioner was a habitual offender whose activ
India Law Library Docid # 2420238

(666) PASHAN ALI AND OTHERS Vs. THE STATE OF ASSAM AND OTHERS[GAUHATI HIGH COURT] 28-10-2024
Assam Secondary Education (Provincialized Schools) Service Rules, 2018 — Rule 5 — The main issue was related to the amendment in Rule 5, which the appellants claimed affected their rights — The appellants argued that the amendment in Rule 5 had already addressed their grievances, making the writ appeal unnecessary — The court dismissed the writ appeal as infructuous since the grievances had been redressed by the amendment — Any interim orders were vacated.
India Law Library Docid # 2420453

(667) THE FOOD CORPORATION OF INDIA AND OTHERS Vs. HI SPEED LOGISTICS PVT LTD AND OTHERS[GAUHATI HIGH COURT] 28-10-2024
Railway — Demurrage charges — Deductions of — The contract was for transporting goods from Salchapara Rail Head to FSD, Badarpurghat — Whether FCI was justified in deducting demurrage charges from the contractor's bills without proper determination of liability — FCI argued that the deductions were made according to the contract terms, which held the contractor liable for demurrage due to delays in unloading — Respondent contended that they were not responsible for unloading at the railway sidin
India Law Library Docid # 2420454

(668) GHULAM NABI SHAH AND ANOTHER Vs. UNIVERSITY OF KASHMIR AND ANOTHER[JAMMU AND KASHMIR AND LADAKH HIGH COURT (SRINAGAR BENCH)] 28-10-2024
Service Law — Promotion Criteria — The appellants, Senior Personal Assistants at the University of Kashmir, challenged the promotion criteria to the post of Assistant Registrar, which included Law Officers, altering the promotion ratio to 19:2:1 — The main issue was whether the revised promotion criteria were fair and whether the sanctioned strength of Senior Personal Assistants was correctly represented — The appellants argued that the new criteria reduced their promotion chances and should be
India Law Library Docid # 2420470

(669) UNITED INDIA INSURANCE COMPANY LIMITED Vs. MANAGER / SALES HEAD FAIRDEAL MOTORS AND WORKSHOP AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT (SRINAGAR BENCH)] 28-10-2024
Motor Vehicles Act, 1988 — Section 173 — The case involves a vehicular accident resulting in the death — The claimants, his legal heirs, filed for compensation — Key issues include whether the accident was caused by rash and negligent driving, the validity of the driver's license, and the insurance coverage of the vehicle — The United India Insurance Company argued that the driver lacked a valid license and the vehicle was only covered by a transit insurance policy — The claimants contended that
India Law Library Docid # 2420471

(670) MUHAMMAD SHAFI WANI Vs. MUHAMMAD SULTAN BHAT[JAMMU AND KASHMIR AND LADAKH HIGH COURT (SRINAGAR BENCH)] 28-10-2024
Ranbir Penal Code — Sections 420, 504 and 506 — Cheating — The petitioner borrowed Rs. 70,09,500 from the respondent on March 10, 2015, with a promise to repay within three years — Upon failing to repay, the petitioner allegedly became violent and threatened the respondent — Whether the complaint against the petitioner is maintainable — The petitioner argued that the complaint was based on false facts and that the Magistrate erred in taking cognizance of the offenses — The court found that the e
India Law Library Docid # 2420472

(671) VAKA SUSEELA Vs. UNION OF INDIA[ANDHRA PRADESH HIGH COURT] 28-10-2024
To issue writ of mandamus to declare the action of Respondent Nos.2 & 3 in not vacating and in not handing over the vacant physical possession of the property admeasuring 483 sq.yards in Sy.No.50/1 and 51 and 484 sq.yards in Sy.No.51 of North Rajupalem Village, Kodavaluru Mandal, SPSR Nellore District, as illegal, irregular, arbitrary, unreasonable and unconstitutional and consequently, direct them to deliver the vacant possession to the petitioner immediately
India Law Library Docid # 2420956

(672) DASARI BHARANI CHAITANYA PRASAD Vs. KONDURI SOMAIAH[ANDHRA PRADESH HIGH COURT] 28-10-2024
Challenge in this M.A.C.M.A. is to the Award, dated 30.09.2010, in M.V.O.P.No.1262 of 2009, on the file of the Chairman, Motor Vehicle Accident Claims Tribunal-cum-I Additional District Judge, Guntur (for brevity ‘the Tribunal’), whereunder the Tribunal, dealing with claim for compensation made by the appellant/claimant for a sum of Rs.10,00,000/-, on account of grievous injuries sustained by him in a road traffic accident occurred on 07.02.2009 at 8.30 a.m., allowed the claim petition, in part.
India Law Library Docid # 2420957

(673) SANDEEP KUMAR MALLICK Vs. RUCHIKA SWAIN[ANDHRA PRADESH HIGH COURT] 28-10-2024
The present Civil Revision Petition is filed claiming the following relief: “...pleased to allow the Revision Petition by setting aside the Order and decretal dated 10.05.2024 in I.A.No.206 of 2024 in H.M.O.P.No.106 of 2019 on the file of the Senior Civil Judge Court, Vizianagaram and pass such order or orders...”
India Law Library Docid # 2420958

(674) SUGAN CHANDRA GUPTA Vs. SHRI M M K MURTY AND OTHERS[ANDHRA PRADESH HIGH COURT] 28-10-2024
This Criminal Revision Case filed under Sections 397 and 401 of Code of Criminal Procedure (Cr.P.C.) impugns the order dated 01.08.2018 of the learned VIII Additional Chief Metropolitan Magistrate, Gajuwaka in DDR No.4299 of 2018. By the said order the complaint filed by the revision petitioner was dismissed.
India Law Library Docid # 2420959

(675) STATE OF SIKKIM Vs. PREM BAHADUR BISWAKARMA[SIKKIM HIGH COURT] 28-10-2024
Protection of Children from Sexual Offences Act, 2012 — Section 5(m), 6 and 8 — The High Court case, State of Sikkim vs. Prem Bahadur Biswakarma, grapples with the acquittal of respondent — The court reviewed the trial court's decision to acquit, focusing on the credibility of the child victim's testimony — While acknowledging that corroboration of a child witness's testimony isn't mandatory, the High Court found inconsistencies and discrepancies in the victim's statements, along with a lack of
India Law Library Docid # 2421046

(676) NATIONAL HIGHWAY AUTHORITY OF INDIA Vs. STATE OF BIHAR AND OTHERS[PATNA HIGH COURT] 26-10-2024
Arbitration and Conciliation Act, 1996 — Section 2(i)(e) and 34 — The National Highway Authority of India (NHAI) acquired land for highway expansion — Compensation disputes arose, leading to arbitration and subsequent legal proceedings — The main issues include the jurisdiction of the Sub-Judge in executing the arbitral award, the validity of the arbitral award, and the attachment of properties — NHAI argues that the Sub-Judge lacks jurisdiction, the arbitral award is non-executable, and the att
India Law Library Docid # 2419898

(677) PAPPU CHAUDHARY @ PAPPU KUMAR Vs. THE STATE OF BIHAR[PATNA HIGH COURT] 26-10-2024
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — Section 14A(1) — The appellant was allegedly forcefully evicted from his residence by the respondents, who used derogatory and racial remarks — The incident is linked to a land dispute between two family — Whether the trial court erred in dismissing the complaint under Section 203 of the Cr.P.C. and if a prima facie case under the SC/ST Act was made out — The appellant argued that the trial court overlooked the abusive
India Law Library Docid # 2419913

(678) MYAKANNA Vs. MUDDA HANUMAPPA AND OTHERS[ANDHRA PRADESH HIGH COURT] 26-10-2024
The Appellant/Respondent/Plaintiff filed this Second Appeal under Section 100 of the Code of Civil Procedure, 1908 (for short, 'C.P.C.') against the Judgment and decree, dated 01.11.2004 passed in A.S.No.7 of 2002 on the file of Senior Civil Judge, Hindupur (for short, 'the 1st Appellate Court') reversing the Judgment and decree, dated 22.01.2002 passed in O.S.No.119 of 1981 on the file of Junior Civil Judge, Madakasira (for short 'the trial Court’).
India Law Library Docid # 2420954

(679) KOTI SURYANARAYANA BABU BOYREDDY Vs. STATE OF A P AND OTHERS[ANDHRA PRADESH HIGH COURT] 26-10-2024
This criminal petition is filed under Section 482 of Criminal Procedure Code (for short “Cr.P.C.”) to quash the proceedings in C.C.No.152 of 2020 on the file of the Additional Judicial First Class Magistrate, Kandukuru, Prakasam District, registered for the offences punishable under Sections 420 and 506 of Indian Penal Code (for short “I.P.C.”).
India Law Library Docid # 2420955

(680) SH. AJIT SINGH Vs. SMT.ADARSH KAUR GILL AND OTHERS[DELHI HIGH COURT] 25-10-2024
Partition Suit — Rule against partial partition does not apply to properties held as tenants-in-common, distinguishing between joint tenancy and tenancy-in-common.
India Law Library Docid # 2419191