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(701) AJAY KUMAR SHARMA Vs. UNION OF INDIA AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 24-07-2024
Service Law — Compassionate — Appointment — Appointment on compassionate basis is not a vested right and is meant to help the family of a deceased employee overcome an immediate crisis — The Supreme Court in Umesh Kumar Nagpal vs. State of Haryana and others and State of Madhya Pradesh and others vs. Amit Sriwas emphasized that compassionate appointment is to provide support to a needy family and cannot be claimed as a right — Appointment can't be claimed when the crisis is over and is not an al
India Law Library Docid # 2416622

(702) ABDUL GAFOOR (DECEASED) THR LRS. AND ANOTHER Vs. ASHOK KUMAR VERMA[PUNJAB AND HARYANA HIGH COURT] 24-07-2024
Civil Procedure Code, 1908 (CPC) — Order 7 Rule 11 — Rejection of plaints — The plaintiff-respondent filed a suit for permanent injunction to restrain the defendant-petitioners from dispossessing and interfering with the peaceful possession of a shop — Whether the suit is barred under Order 21 Rule 101 CPC due to a pending eviction petition — Petitioner argue that the suit is barred as the execution of the eviction petition is pending, and all relevant questions regarding title should be decided
India Law Library Docid # 2416623

(703) SRI SARVAN SINGH AND ANOTHER Vs. DEPUTY REGISTRAR AND OTHERS[UTTARAKHAND HIGH COURT] 24-07-2024
Sikh Gurudwara Act, 1925 — Section 4(9) — Petitioners challenged the Deputy Registrar's order upholding the decision to induct new members into the society —Validity of the membership applications and adherence to society bylaws —Petitioner's Arguments — Claimed procedural violations in membership induction, including late applications, improper bank drafts, and non-Sikh members —Respondent's Arguments — Argued no restrictions on late applications, no requirement for applicants to prepare bank d
India Law Library Docid # 2417071

(704) RAJVEER SINGH AND ANOTHER Vs. STATE OF UTTARAKHAND[UTTARAKHAND HIGH COURT] 24-07-2024
Penal Code, 1860 (IPC) — Sections 302, 307 and 34 — Murder — The incident occurred on June 28, 2005 — The main issue was whether the appellants were guilty of the charges under Sections 302/34 and 307/34 of the IPC — The appellants argued that the eyewitnesses were not present at the scene, there were inconsistencies in the evidence, and the investigation was faulty — The State argued that the eyewitnesses' testimonies were consistent and credible, and the enmity between the parties was establ
India Law Library Docid # 2417072

(705) KISMATUN Vs. STATE OF NCT OF DELHI THROUGH HOME DEPARTMENT AND OTHERS[DELHI HIGH COURT] 23-07-2024
Penal Code, 1860 (IPC) — 147, 148, 149 and 302 — Transfer of investigation transferred to the Central Bureau of Investigation — The petitioner is the mother of Faizan, a 23-year-old young man who died on the night of February 26-27, 2020, during the anti-CAA protests in North-East Delhi — She alleges that her son was unlawfully assaulted and killed by Delhi Police — The petitioner seeks a fresh Special Investigation Team (SIT) to conduct an independent, impartial, professional, and time-bound in
India Law Library Docid # 2416247

(706) PRASHANTH BABU D.M. Vs. THE STATE OF KARNATAKA[KARNATAKA HIGH COURT] 23-07-2024
Penal Code, 1860 (IPC) — Sections 204, 120-B, 409 and 426 — The petitioner a Police Inspector, is seeking anticipatory bail in connection involving allegations of tampering with electronic evidence related to a bitcoin case — Whether the petitioner is entitled to anticipatory bail under Section 438 of Cr.P.C — The petitioner claims he is being falsely implicated and that his custodial interrogation is unnecessary as he has already been interrogated and his statement recorded
India Law Library Docid # 2416366

(707) C.M. CHINNAMMA Vs. ASHA RAMESH AND OTHERS[KARNATAKA HIGH COURT] 23-07-2024
Karnataka Stamp Act, 1957 — Article 5(e) — Civil Procedure Code, 1908 (CPC) — Order 47 Rule 1 read with Section 114 — Petitioner seeks review of order to impound agreements and exclude unregistered deed — Debates stamp sufficiency and deed admissibility — Petitioner claims adequate stamping and deed's utility for possession proof — Respondent insists on impoundment for unstamped agreements and deed's inadmissibility — Review petition dismissed — Trial Court to assess stamp duty on agreements — N
India Law Library Docid # 2416368

(708) SMT. RATNABAI AND OTHERS Vs. THE STATE OF KARNATAKA AND OTHERS[KARNATAKA HIGH COURT] 23-07-2024
Penal Code, 1860 (IPC) — Sections, 143, 147, 148, 341, 323, 324, 326, 307, 308, 504, 427, 506 r/w 149 — Petitioners accused of pelting stones, causing injuries — FIR lodged on 5.2.2021 — Whether the petitioners were part of an unlawful assembly with a common object — Petitioners argue that no common object among the accused; mere presence doesn't imply participation — Respondentcontends that the petitioners participated in the crime as per witness statements — Petition allowed; proceedings again
India Law Library Docid # 2416373

(709) DIVISIONAL CONTROLLER (SOUTH) Vs. SRI. SURESH.M[KARNATAKA HIGH COURT] 23-07-2024
Service Law — Disciplinary inquiry — Respondent a driver, was involved in an accident in 2004 — He faced disciplinary action and was penalized in 2005 — A dispute raised in 2011 was referred to the Industrial Tribunal — The Corporation argued that there was an inordinate delay in raising the dispute, citing a Supreme Court decision — The respondent defended the Tribunal's award, stating the writ petition lacked merit — The court quashed the Tribunal's award, finding the delay inordinate and the
India Law Library Docid # 2416398

(710) ABDUL HAMEED KHAN Vs. UNION TERRITORY OF J&K AND OTHERS[JAMMU & KASHMIR AND LADAKH HIGH COURT] 23-07-2024
Preventive Detention — Petitioner was placed under preventive detention by the District Magistrate, Bandipora, to prevent him from acting in a manner prejudicial to public order — The petitioner challenged the detention order, arguing it was issued without proper application of mind and procedural safeguards were not followed —Petitioner argues that the grounds of detention were a verbatim copy of the police dossier, and the grounds were not explained to the detenu in a language he understood —
India Law Library Docid # 2416515

(711) ADITYA GAUR Vs. STATE OF UTTARAKHAND[UTTARAKHAND HIGH COURT] 23-07-2024
Criminal Procedure Code, 1973 (CrPC) — Sections 82 and 83 — Penal Code, 1860 (IPC) — Sections 120-B, 504, 506, 386 and 389 — The applicant, seeks anticipatory bail in an FIR involving charges of blackmail and threats — The informant alleges that the applicant and a co-accused extorted money by threatening to implicate him in false cases of rape —Whether the applicant is entitled to anticipatory bail despite non-bailable warrants and proceedings under Section 82 Cr.P.C. being issued against him —
India Law Library Docid # 2417070

(712) SHEELA Vs. BHAGAT RAM (DECEASED) THROUGH LRS AND OTHERS[HIMACHAL PRADESH HIGH COURT] 22-07-2024
Civil Procedure Code, 1908 (CPC) — Order 1 Rule 10(2) read with Section 151 — Adding necessary parties in the suit — The High Court upheld the decision of the lower court to implead the applicant as a necessary party in a civil suit — The plaintiff had filed a suit challenging a mutation order and claiming ownership of the disputed land based on a Will — The applicant had purchased a portion of the disputed land from one of the defendants prior to the filing of the suit — The court held that the
India Law Library Docid # 2416215

(713) BRAHMI DEVI Vs. RATTAN CHAND @SHIV KUMAR[HIMACHAL PRADESH HIGH COURT] 22-07-2024
Dispute over ownership and possession of a piece of land — The plaintiff claimed ownership of the land and sought possession, while the defendant, claimed to be in possession as a tenant and also claimed adverse possession — The trial court and the first appellate court both held that the defendant had not proved her claim of adverse possession, and therefore the plaintiff was entitled to possession — The High Court upheld this decision, finding that the defendant's evidence was insufficient to
India Law Library Docid # 2416216

(714) KRISHAN SINGH Vs. H.P. STATE FOREST CORPORATION AND OTHERS[HIMACHAL PRADESH HIGH COURT] 22-07-2024
Service Law — Regularization — The petitioner sought regularization/work charge status as a daily wager with all consequential benefits and arrears of salary with an interest of 18% per annum — The court found that the petitioner's termination had been challenged before the Labour Court-cum-Industrial Tribunal, and his claim for reinstatement had been allowed without back wages — However, the court held that the H.P. Forest Corporation was not a work charge establishment, and the petitioner's re
India Law Library Docid # 2416217

(715) ARUN KUMAR AND ANOTHER Vs. STATE OF H.P.[HIMACHAL PRADESH HIGH COURT] 22-07-2024
Penal Code, 1860 (IPC) — Section 109 and 363 — Protection of Children from Sexual Offences, Act, 2012 — Sections 3 and 4 — Rape and Abduction of a minor girl — The High Court overturned the conviction of two individuals for the rape and abduction of a minor girl — The court found that the DNA evidence presented in the case was not properly handled and therefore could not be relied upon — Additionally, the court found that there was no evidence to support the claim that appellant ‘M’ aided in the
India Law Library Docid # 2416218

(716) UNITED INDIA INSURANCE CO. LTD Vs. PARAMJIT KAUR AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 22-07-2024
Motor Vehicles Act, 1988 — Section 163A — Application of the amended Second Schedule — The court ruled that the amended Second Schedule of the Motor Vehicles Act, 1988, should be applied to pending claims and appeals filed after May 22, 2018 — This means that the new compensation amounts and calculation methods should be used for all cases filed after that date.
India Law Library Docid # 2416293

(717) LAKHWINDER SINGH @ LAKHI Vs. STATE OF PUNJAB[PUNJAB AND HARYANA HIGH COURT] 22-07-2024
Narcotic Drugs and Psychotropic Substances Act, 1985 — Section 15(c) — Recovery of 120 Kgs of Poppy Husk — Bail — The trial has been ongoing, with 13 prosecution witnesses listed, out of which only 6 have been examined so far — The petitioner's counsel argued for bail, highlighting the long duration of his pre-trial detention (over 2 years and 11 months) and the fact that the investigation and framing of charges have been completed — The defence also cited the Supreme Court's rulings emphasizing
India Law Library Docid # 2416294

(718) CHETHAN AND OTHERS Vs. STATE BY LAKKAVALLI POLICE STATION REP. AND OTHERS[KARNATAKA HIGH COURT] 22-07-2024
Penal Code, 1860 (IPC) — Sections 448, 427, 323, 354, 324, 504 and 506 — Schedule Caste and Schedule Tribe (Prevention of Atrocities) Act, 1989 — Sections 3(1)(r), 3(1)(s) and 3(2)(va) — Case involves a dispute over cutting mango tree branches leading to an altercation where appellants allegedly assaulted and abused respondents with caste-based slurs — Appellants claimed the complaint was false and unrelated to their actions — Respondents stated the abuse occurred publicly, making the SC/ST Act
India Law Library Docid # 2416362

(719) SHRI NANDAN KUMAR Vs. THE STATE OF KARNATAKA AND OTHERS[KARNATAKA HIGH COURT] 22-07-2024
Penal Code, 1860 (IPC) — Sections 341, 504, 323, 324, 353 and 506 — Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 — Sections 3(1)(r) and 3(1)(s) — The appellant was accused of assaulting a bus driver and using caste-based slurs — Whether the appellant should be granted anticipatory bail despite the allegations under the SC/ST Act — The appellant argued that there was no evidence he knew the complainant's caste and that the complaint was false — The State and the
India Law Library Docid # 2416364

(720) NAYAMAT ALI KHAN AND OTHERS Vs. M. SADANANDA AND OTHERS[KARNATAKA HIGH COURT] 22-07-2024
Civil Procedure Code, 1908 (CPC) — Order 21 Rule 95 — Auction Purchaser — The case involves the sale of a building through auction due to a partition suit — Auction purchaser sold building portions without possession — Can buyers from auction purchaser apply for possession under Order 21 Rule 95 CPC? Appellants claim they have auction purchaser's rights, can use Rule 95 — Respondents argue sale outside court, no possession under Rule 95 — Court allows appeals, sets aside order, allows appellants
India Law Library Docid # 2416370