(681) DAVINDER SINGH Vs. STATE OF PUNJAB[PUNJAB AND HARYANA HIGH COURT] 25-10-2024 Narcotic Drugs and Psychotropic Substances Act, 1985 — Section 18 — Apprehended with 2.7 kg of opium — Whether the petitioner should be granted regular bail — The petitioner claims false implication, clean antecedents, and references similar cases where bail was granted — The state argues the petitioner was actively involved in the offense and opposes bail due to the serious allegations — The court considered the petitioner's custody duration, lack of other cases, and the slow trial process, bal India Law Library Docid # 2419242
(682) SOURABH Vs. STATE OF HARYANA AND ANOTHER[PUNJAB AND HARYANA HIGH COURT] 25-10-2024 Penal Code, 1860 (IPC) — Sections 323, 325, 341, 506 and 34 — Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — Sections 3(l)(r), 3(l)(s) and 3(2)(va) — The appellant sought anticipatory bail after being implicated in a case involving physical assault and caste-based abuse — The FIR was registered based on the complainant's statement — Whether the appellant's application for anticipatory bail was maintainable under the Act, 1989 — The appellant argued that he was false India Law Library Docid # 2419243
(683) SURENDRA KUMAR PATWA Vs. DHARMENDRA VOHRA[MADHYA PRADESH HIGH COURT] 25-10-2024 Insolvency and Bankruptcy Code, 2016 — Section 95 —Negotiable Instruments Act, 1881 — Section 138 — Dishonour of Cheque — An interim-moratorium was declared by the NCLT under the Insolvency & Bankruptcy Code (IBC) for the petitioner — Whether the interim-moratorium declared by the NCLT applies to proceedings under Section 138 of the N.I. Act — The petitioner argues that the moratorium under Section 96 of the IBC should stay the proceedings under Section 138 of the N.I. Act, citing various Supre India Law Library Docid # 2419401
(684) PIYUSH SHARMA @ KAKA Vs. THE STATE OF MADHYA PRADESH[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 25-10-2024 Penal Code, 1860 (IPC) — Section 302 — Murder — Financial Dispute — The main issue was whether the conviction and sentence were based on proper appreciation of the evidence and legal principles — The appellant argued that he was falsely implicated due to previous animosity, and that the prosecution failed to establish a chain of incriminating circumstances — He also contended that the trial court overlooked contradictions and anomalies in the prosecution's case — The State argued that there was India Law Library Docid # 2419402
(685) MR. SHANTINATH DADA CHOUGULE (DECEASED) THROUGH HIS LEGAL HEIR Vs. THE STATE OF MAHARASHTRA AND OTHERS[BOMBAY HIGH COURT] 25-10-2024 Land Acquisition Act, 1898 — Section 48(1) — The petitioner challenged the acquisition of his land by the State of Maharashtra for the rehabilitation of project-affected persons from the Warna Dam project — The land in question was allegedly included in the acquisition due to a mortgage that was never in the petitioner's possession — The main issue was whether the acquisition of the petitioner's land was legal, considering the land mortgaged to the petitioner's father was wrongly included in the India Law Library Docid # 2419580
(686) SULOCHANA DIVAKAR PARKAR AND OTHERS Vs. SHAMRAO DINANATH BHATTE AND OTHERS[BOMBAY HIGH COURT] 25-10-2024 Rent and Eviction — Dispute over Shop — The original plaintiff was the tenant, and the defendant was declared a deemed tenant — The premises were demolished and rebuilt multiple times — The main issues include the maintainability of the suit after demolition, arrears of rent, subsistence of old tenancy, valid termination of tenancy, bonafide requirement, comparable hardship, and entitlement to possession — The petitioner argued that the Appellate Court erred in reversing the Trial Court's decisi India Law Library Docid # 2419581
(687) RANJAN VASUDEO KOLAMBE Vs. APPA ALIAS HANMANT MAROTI HATNURE AND ANOTHER[BOMBAY HIGH COURT] 25-10-2024 Copyrights Act, 1957 — Section 55 — Infringement — The plaintiff filed a suit for copyright infringement against the defendants, who allegedly copied content from his books for their own publications — The main issue is whether the defendants' books are a substantial copy of the plaintiff's original works, thus constituting copyright infringement — The plaintiff argued that his books were original works and that the defendants, who were former students, copied his content without permission — Th India Law Library Docid # 2419582
(688) BHARAT PUKHRAJ CHAUDHARY Vs. THE STATE OF MAHARASHTRA AND OTHERS[BOMBAY HIGH COURT] 25-10-2024 Narcotic Drugs and Psychotropic Substances Act, 1985 — Sections 8(K) and 22(K) — Drugs and Cosmetics Act, 1940 — Sections 27(B) and 28(A) — The petitioner was arrested in connection with the possession and illegal marketing of 4000 bottles of cough syrup, classified as a psychotropic substance — The legality of the petitioner's arrest and the subsequent remand orders, particularly whether the grounds of arrest were properly communicated as required by law — The petitioner argued that his arrest India Law Library Docid # 2419587
(689) PARLE PRODUCTS PVT. LTD. AND ANOTHER Vs. DS INNOVATIVE PRODUCTS LLP AND ORS[BOMBAY HIGH COURT] 25-10-2024 Civil Procedure Code, 1908 (CPC) — Order 39 Rule 1 — Injunction — Copyright — Passing off — Plaintiff filed a suit against defendants alleging passing off and seeking an injunction against the use of the mark "MAZE" — The main issue is whether the ex-parte ad-interim injunction granted to Plaintiff should be vacated or modified — The defendants argued that Plaintiff suppressed material facts and misled the court to obtain the injunction — They emphasized the importance of full disclosure in ex- India Law Library Docid # 2419596
(690) SUMATI @ ASHA Vs. YASHODHARA AND OTHERS[BOMBAY HIGH COURT (NAGPUR BENCH)] 25-10-2024 Hindu Succession Act, 1956 — Section 22 — The case involves a dispute over a property originally purchased by ‘S’ — The plaintiffs and defendants are her descendants, contesting the sale and partition of the property — The main issues include the right of pre-emption under Section 22, the validity of Wills, and the right to partition the property — The plaintiffs argued they had a statutory right of pre-emption to purchase the shares of the defendants in the property and that the property was so India Law Library Docid # 2419601
(691) KOMAL Vs. STATE OF MAHARASHTRA[BOMBAY HIGH COURT (AURANGABAD BENCH)] 25-10-2024 Maharashtra Employees of Private Schools (Condition of Service Regulation) Act, 1979 — The petitioners are employees of private schools seeking service benefits under the Act, 1979 — Their proposals for approval were rejected by the Education Department — The primary issue is the validity of the Government Resolution (G.R.) dated 27 March 2024, which created appellate forums for grievances not covered by the Act of 1979 — The petitioners argue that the forums created by the G.R. have quasi-judic India Law Library Docid # 2419606
(692) X Vs. STATE OF KERALA[KERALA HIGH COURT] 25-10-2024 Juvenile Justice (Care and Protection of Children) Act, 2015 — Section 75 — The petitioner, a teacher, is accused of beating a student who was sitting improperly in class and using abusive language towards the teacher — The prosecution alleges offenses under Section 324 of the IPC and Section 75 of the JJ Act — Whether the teacher's actions constitute offenses under the mentioned sections, and if the proceedings should be quashed — The teacher acted to maintain discipline, and the student's abus India Law Library Docid # 2419632
(693) SMT. CHIKKAMMA AND OTHERS Vs. SRI. RANGARAJU AND OTHERS[KARNATAKA HIGH COURT] 25-10-2024 Specific Relief Act, 1963 — Section 16 and 20 — The case involves a dispute over a sale agreement executed on 24.11.1995 — The plaintiffs sought specific performance of the sale agreement, while the defendants sought re-conveyance based on a separate document — The main issues were whether the suit for specific performance was filed within the limitation period and whether the suit for re-conveyance was maintainable given the registered sale agreement — The appellants argued that the suit for sp India Law Library Docid # 2419692
(694) M/S JADE GARDEN PLOT OWNER’S ASSOCIATION Vs. SMT. BHAGYALAKSHMI AND OTHERS[KARNATAKA HIGH COURT] 25-10-2024 Property Dispute — Dispute over a property sale deed executed in 1995 — The plaintiffs, daughters of the deceased ‘B’ filed a suit in 2008 challenging the sale deed and seeking partition of the property — The main issues are whether the suit is barred by limitation, the validity of the sale deed executed under a General Power of Attorney, and the applicability of the Hindu Succession Act, 1956 — The petitioner argues that the suit is barred by limitation, the sale deed is valid under Section 202 India Law Library Docid # 2419693
(695) MOHAMMED SHIYAB Vs. NATIONAL INVESTIGATING AGENCY[KARNATAKA HIGH COURT] 25-10-2024 Penal Code, 1860 (IPC) — Sections 120B and 302 — Unlawful Activities (Prevention) Act, 1967 — Sections 16 and 18 — The appellant is involved in a murder case transferred to the National Investigating Agency (NIA) — The main issue is whether the trial court should be directed to sign or initial each page of the case diary to prevent tampering — The petitioner argued that signing each page of the case diary ensures transparency and prevents tampering, citing practices in other states — The respond India Law Library Docid # 2419694
(696) SMT. NEHA CHANDRA Vs. VIKASH CHANDRA[CHHATTISGARH HIGH COURT] 25-10-2024 Hindu Marriage Act, 1955 — Sections 13(1-A) and 13(1B-ii) — Divorce — Claim of religion conversion by wife to Christianity and abandoned Hindu rituals — Whether wife converted to Christianity and whether this conversion justified the divorce decree —Petitioner argued that his wife abandoned Hindu rituals, mocked Hindu religion, and regularly attended church, indicating her conversion to Christianity — Respondent-Wife denied converting to Christianity, stating she only attended church for prayers India Law Library Docid # 2419729
(697) DILIP PANDEY Vs. STATE OF CHHATTISGARH[CHHATTISGARH HIGH COURT] 25-10-2024 Prevention of Corruption Act, 1988 — Sections 7 and 12 — Penal Code, 1860 (IPC) — Sections 420,467,471 and 120(B) — Forgery related to the sale of illegal liquor in Chhattisgarh — Bail — Whether the applicant should be granted bail considering the nature of the alleged offenses and his role in the conspiracy — The applicant claims he was merely following his employer's instructions without criminal intent, has no prior criminal record, and is not a flight risk — He argues that his prolonged inca India Law Library Docid # 2419730
(698) SMT. KULDEEP KOUR AND OTHERS Vs. THE UNITED INDIA INSURANCE COMPANY LIMITED AND ANOTHER[CHHATTISGARH HIGH COURT] 25-10-2024 Motor Accident Claims — Death in Motor accident — Motorcycle owned by other — Whether the deceased, as a borrower of the motorcycle, could be considered a third party under Section 163-A of the Motor Vehicles Act, and whether the claimants could seek compensation — The insurance company should be liable for compensation as the motorcycle was insured — The deceased should be considered a third party, not stepping into the owner's shoes — The deceased, being the borrower's father, stepped into the India Law Library Docid # 2419731
(699) DEEPAK Vs. STATE OF CHHATTISGARH[CHHATTISGARH HIGH COURT] 25-10-2024 Penal Code, 1860 (IPC) — Sections 302 and 304A — Death by rash and negligent driving — Whether the trial court was justified in convicting Deepak under Section 302 of the IPC based on the evidence presented — The appellant argued that the death was accidental and, at most, an offense under Section 304A (causing death by negligence) should be considered — The State supported the conviction under Section 302, asserting that the prosecution had proven the case beyond reasonable doubt — The court fo India Law Library Docid # 2419732
(700) JUPALLY REAL ESTATE DEVELOPERS PRIVATE LIMITED Vs. DEPUTY COMMISSIONER OF INCOME TAX AND OTHERS[TELANGANA HIGH COURT] 25-10-2024 Income Tax Act, 1961 — Sections Section 153C and 153B — The petitioner challenged the rejection of their representations against notices issued under Section 153C following a search operation — The main issue was the starting point of the limitation period for passing the assessment order under Section 153B of the Act — The petitioner argued that the limitation period should start from the date of the first notice issued on 09.04.2021, not from the date when the jurisdictional officer was appoin India Law Library Docid # 2419782