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(701) MR. AJMERA SHYAM Vs. MRS. KOVA LAXMI[TELANGANA HIGH COURT] 25-10-2024
Representation of the People Act, 1951 — Sections 11(a), 33, 33(A), 34, 80, 80A, 81, 83, 84, 100 (1) (a) (b) (d), 101, 123 and 125 (a) — The petitioner challenged the election of ‘K’ to the Telangana Legislative Assembly, alleging non-compliance with nomination requirements and suppression of income information — The court framed 14 issues, including whether the non-disclosure of income tax returns by the respondent constituted suppression of income and whether it materially affected the electio
India Law Library Docid # 2419783

(702) RATNA @ RATAN LAL Vs. BOARD OF REVENUE FOR RAJASTHAN AT AJMER THROUGH ITS REGISTRAR AND OTHERS[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 25-10-2024
Rajasthan Land Revenue Act, 1956 — Section 84 — The case involves multiple appeals related to orders of mutation of land in Kishangarh, Ajmer — The appellant challenged the legality of these orders — The main issue is whether the orders passed by the Board of Revenue are amenable to writ jurisdiction under Article 226 of the Constitution of India — The petitioner argued that the Board of Revenue is a tribunal and not a civil court, making its orders subject to writ jurisdiction — The respondents
India Law Library Docid # 2419822

(703) NAWAL KISHORE SHARMA AND OTHERS Vs. MOSTT. RAJ KUMARI DEVI AND OTHERS[PATNA HIGH COURT] 25-10-2024
Suit for Specific Performance — The case involves a dispute over the specific performance of a contract for sale — The plaintiff sought to enforce the contract after the death of the original seller — The main issues include the validity of the judgment when one defendant was a lunatic without a guardian, and whether the plaintiffs demonstrated readiness and willingness to perform their part of the contract — The appellants argued that the lower courts erred in their judgment, particularly regar
India Law Library Docid # 2419894

(704) THE STATE OF BIHAR Vs. MUKESH SHARMA[PATNA HIGH COURT] 25-10-2024
Bihar Government Servants (Classification, Control & Appeal) Rules, 2005 — Rule 17 — Dismissal — The State of Bihar is appealing a judgment that set aside the dismissal of a writ petitioner by the Disciplinary Authority — The dismissal was based on an FIR related to a bribe demand for releasing a vehicle seized under the NDPS Act, 1985 — Whether the dismissal of the writ petitioner was justified given the procedural violations in the inquiry process — The petitioner argued that the inquiry was c
India Law Library Docid # 2419917

(705) KAISAR JAHA Vs. THE S.P., DISTT. SULTANPUR AND OTHERS[ALLAHABAD HIGH COURT (LUCKNOW BENCH)] 25-10-2024
Bharatiya Nagarik Suraksha Sanhita, 2023 — Sections 175(3) and 528 — The petitioner challenged an order dated 28.08.2024, rejecting an application under Section 175(3) of BNSS by the trial court — Whether the inherent powers of the High Court under Section 528 BNSS can be invoked despite the availability of a statutory remedy of revision — Petitioner cited the Supreme Court's decision in Prabhu Chawla v. State of Rajasthan, arguing that the availability of a statutory remedy does not bar the mai
India Law Library Docid # 2420036

(706) UPENDRA @ BALVEER Vs. STATE OF U.P.[ALLAHABAD HIGH COURT] 25-10-2024
Penal Code, 1860 (IPC) — Section 302 and 316 — The appellant was convicted for the murder of his wife — The prosecution alleged dowry demands and subsequent murder — Whether the appellant was rightly convicted under sections 302 and 316 IPC, and whether the trial court's alteration of charges was justified — The appellant argued that the trial court misapplied Section 106 of the Indian Evidence Act and that the alteration of charges without proper notice was prejudicial — The State maintained th
India Law Library Docid # 2420037

(707) THE NEW INDIA ASSURANCE COMPANY LTD. AND OTHERS Vs. SHALLO BEGUM AND OTHERS[ALLAHABAD HIGH COURT (LUCKNOW BENCH)] 25-10-2024
Motor Vehicles Act, 1988 — 134(C) — The case involves a motor accident where the deceased was hit by a truck, leading to his death — The deceased's family filed for compensation — The main issues are whether there was contributory negligence by the deceased and whether the compensation awarded was just and fair — The insurance company argued contributory negligence by the deceased and contested the future loss of income due to the deceased's daughter receiving a job on compassionate grounds — Th
India Law Library Docid # 2420038

(708) PRADIP KRISHANARAO PANDE Vs. M/S. GNOSIS PHARMACEUTICALS PVT. LTD.[HIMACHAL PRADESH HIGH COURT] 25-10-2024
Negotiable Instruments Act, 1881 — Section 138 — Dishonour of Cheque — The main issue was whether the complaint was time-barred, as it was filed beyond the 30-day period specified by the Supreme Court in a previous judgment — The petitioner argued that the complaint was filed late and should be quashed — They cited judgments from the Kerala and Delhi High Courts to support their claim — The respondent argued that the complaint should not be quashed without giving them a chance to prove their cas
India Law Library Docid # 2420100

(709) SAROOP KUMAR Vs. STATE OF H.P. AND OTHERS[HIMACHAL PRADESH HIGH COURT] 25-10-2024
Service Law — Promotion — The petitioner was recommended for promotion to Divisional Fire Officer by the Departmental Promotion Committee (DPC) — However, before the promotion order was issued, an FIR was registered against him, leading to his suspension and the DPC's recommendations being placed in a sealed cover — Whether the petitioner should be promoted despite the FIR and subsequent suspension — The petitioner argued that at the time of the DPC meeting, no disciplinary or criminal proceedin
India Law Library Docid # 2420101

(710) HITENDRASINH BHUPATSINH JADEJA Vs. COMMISSIONER OF POLICE AND OTHERS[GUJARAT HIGH COURT] 25-10-2024
Gujarat Prevention of Anti-social Activities Act, 1985 — Section 2(c) — The petitioner was preventively detained as a "dangerous person" — The legality and validity of the detention order dated 14.10.2024 were challenged — The detention grounds did not relate to "public order" but were purely matters of law and order — The petitioner was a habitual offender whose activities affected society at large — The court found that the alleged activities did not affect public order and the detention was n
India Law Library Docid # 2420237

(711) SELVI Vs. THE INSPECTOR OF POLICE[MADRAS HIGH COURT] 25-10-2024
Penal Code, 1860 (IPC) — Sections 120(B) and 302 — The appellant was convicted of murdering her husband — The prosecution alleged that she conspired with her lover, A2, and others to commit the murder — The main issue was whether Selvi was guilty of conspiracy and murder, given that other accused were acquitted by the Supreme Court due to unreliable witness testimonies — Appellant's counsel argued that there were no eyewitnesses to the murder, no weapons were recovered from her, and the conspira
India Law Library Docid # 2420341

(712) THE UNION OF INDIA AND OTHERS Vs. THE REGISTRAR, CENTRAL ADMINISTRATIVE TRIBUNAL AND OTHERS[MADRAS HIGH COURT] 25-10-2024
Service Law — Regularization — The petitioners challenged an order by the Central Administrative Tribunal (CAT) that regularized the services of four Veterinary Assistant Surgeons who were initially appointed on a contract basis in 2005 — Whether the contractual appointments of the respondents could be regularized despite the mandate of Article 320 of the Constitution, which requires recruitment through the Union Public Service Commission (UPSC) — The petitioners argued that the appointments wer
India Law Library Docid # 2420393

(713) TARAP ALI AHMED AND OTHERS Vs. THE STATE OF ASSAM AND OTHERS[GAUHATI HIGH COURT] 25-10-2024
Assam Education (Provincialization of Services of Teachers and Re-organization of Educational Institutions) Act, 2017 — Sections 8(3) and 8(4) — The petitioners appointed as teachers in various Venture Schools, later had their services provincialized under the Act, 2017 — The validity of Sections 8(3) and 8(4) of the Assam Education Act, 2017, and the petitioners' request for a minimum pay scale or enhanced fixed monthly salary — The petitioners argue for a writ of mandamus to direct the authori
India Law Library Docid # 2420455

(714) DIPIKA NATH HALOI Vs. BIPUL NATH[GAUHATI HIGH COURT] 25-10-2024
Hindu Marriage Act, 1955 — Section 13 (1) (ib) — Divorce — Desertion — The marriage was solemnized on May 20, 2013 — The wife left the matrimonial home on December 24, 2014, and did not return — The husband filed for divorce on the grounds of desertion — Whether the wife deserted the husband for a continuous period of not less than two years and whether the husband is entitled to a decree of divorce — The husband claimed the wife insisted on living separately, behaved rudely, attempted suicide,
India Law Library Docid # 2420456

(715) MOHAMMAD MUKHTAR BALTI AND OTHERS Vs. UNION TERRITORY OF JAMMU AND KASHMIR AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT (SRINAGAR BENCH)] 25-10-2024
Land Acquisition and Compensation — The petitioners claim ownership of 2.5 kanals of land in Sonmarg, inherited from their father — This land was occupied by the respondents in 1998 for a health center without compensation — Whether the petitioners are entitled to compensation for the land and if the delay in seeking relief affects their claim — They seek compensation, employment for one petitioner, and rental dues for the occupied land — Respondent argue that they acknowledge the occupation but
India Law Library Docid # 2420473

(716) ROSHAN KUMAR @ RAHUL @ PRINCE Vs. UNION TERRITORY OF JAMMU AND KASHMIR AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT (JAMMU BENCH)] 25-10-2024
Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 — Section (3) — Drug trafficking — Detention — Challenged — The legality of the detention order, delayed execution, incomplete and illegible documents provided to the detenu, and whether the normal criminal law failed to deter the petitioner — The detention order lacked proper documentation, was delayed, and violated fundamental rights — The petitioner was already on bail for the related FIRs, and the detention
India Law Library Docid # 2420498

(717) ORIENTAL INSURANCE COMPANY LIMITED Vs. CHAMARTHI SAVITHRI AND OTHERS[ANDHRA PRADESH HIGH COURT] 25-10-2024
The M.A.C.M.A.No.1635 of 2017 is filed questioning the Order and Decree dated 02.12.2016 in M.V.O.P.No.499 of 2014 passed by the Chairman, Motor Accidents Claims Tribunal-cum-II Additional District Judge, Vijayawada. The Claimants also filed Cross Objection No.17 of 2024 with the delay of 2179 days.
India Law Library Docid # 2420950

(718) SHRI BHYRI VENKATA RAMANA Vs. UNION OF INDIA AND OTHERS[ANDHRA PRADESH HIGH COURT] 25-10-2024
The appellant applied for retail dealership of petroleum products from Bharat Petroleum Corporation Limited [BPCL] - respondent No.3 herein. It is stated that the appellant did not have the requisite land which was otherwise available in the name of the father of the appellant and, therefore, his father undertook to provide Ac.0.54 cents of land in his possession as a owner to make it available to his son i.e., the appellant herein, by way of a lease which was accordingly executed.
India Law Library Docid # 2420951

(719) SMT. YEDERASAPU SUNITHA Vs. KARROTHU VENKATA PAPU NAIDU ANOTHER AND OTHERS[ANDHRA PRADESH HIGH COURT] 25-10-2024
Assailing the judgment dated 21.02.2011 in Crl.A.No.47 of 2009 on the file of the Family Court-cum-Additional Sessions Court at Vizianagaram, confirming the conviction and sentence imposed against the accused by the judgment dated 05.08.2009 in C.C.No.90 of 2008 on the file of the Court of learned Special Judicial Magistrate of First Class (Excise) at Vizianagaram, for the offence under section 138 of Negotiable Instruments Act (hereinafter referred to as “N.I.Act”), the petitioner/accused filed
India Law Library Docid # 2420952

(720) ADDALA SRINIVAS AND ANOTHER Vs. STATE OF ANDHRA PRADESH AND ANOTHER[ANDHRA PRADESH HIGH COURT] 25-10-2024
The instant petition under Section 482 of the Code of Criminal Procedure, 1973[1], has been filed by the Petitioners/Accused Nos.4 and 6, seeking to quash the proceedings against them in C.C.No.3 of 2021 on the file of the Court of Principal Junior Civil Judge-cum-Land Grabbing Court, Visakhapatnam for the offence under Sections 447, 427, 468, 471, 506 and 120-B read with 34 of Indian Penal Code[2] and Sections 3 and 4 of A.P.Land Grabbing Act[3].
India Law Library Docid # 2420953