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(741) PARVAIZ AHMAD FASHOO Vs. UT OF J&K AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT (SRINAGAR BENCH)] 24-10-2024
Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 — The petitioner challenged a detention order issued under the Act, 1988, due to his involvement in drug-related activities — The validity of the detention order and whether all statutory and constitutional requirements were met — The detention order was challenged on multiple grounds, arguing it was not validly issued — The respondents argued that the detention order was legally and validly issued, with all ne
India Law Library Docid # 2420474

(742) STATE OF A.P. AND OTHERS Vs. BOLLU VEERA RAGHAVAIAH CHOWDARY[ANDHRA PRADESH HIGH COURT] 24-10-2024
The appeal is filed against the judgment and decree dated 28-8-2001 in O.S.No.79 of 1996 passed by the learned Additional Senior Civil Judge, Eluru, West Godavari District. The suit is filed for recovery of Rs.25,48,470/- being the balance of amount due for the work done by the plaintiff with interest at 18% per annum on Rs.15,21,475/- from the defendants and for costs of the suit.
India Law Library Docid # 2420949

(743) NATIONAL INSURANCE COMPANY LIMITED Vs. ANNAVARAPU SAMBAIAH AND OTHERS[ANDHRA PRADESH HIGH COURT] 24-10-2024
This appeal is directed against the order of the Chairman, Motor Vehicle Accident Claims Tribunal-cum-IV Additional District Judge at Guntur (hereinafter called as ‘the Tribunal’) in M.V.O.P.No.376 of 2014 dated 26.03.2016. The appellant is the insurer of the motorcycle bearing No.AP 27 UD TR 8011 (hereinafter referred as “crime motorcycle”). The respondent Nos.1 and 2 herein are the parents of one Annavarapu Narasimha Rao (hereinafter called as ‘the deceased’). The respondent No.3 is the owner
India Law Library Docid # 2420974

(744) VALLURU MANOHAR REDDY Vs. THATI NIRMALA[ANDHRA PRADESH HIGH COURT] 24-10-2024
The application filed by the petitioner under Order 16 Rule 1 of C.P.C., for issuing witness summons to one Sri Hemachandra Reddy, and Sri K. Vijaya Kumar Reddy, was dismissed. The learned Judge observed that the said proposed witnesses were neither attestors of the Ex.A-1, nor it is the case of the petitioner that they were present at the time of execution of the suit document Ex.A-1. Assailing the same, the present Civil Revision Petition is filed.
India Law Library Docid # 2420975

(745) YERRAMALA VIJAY KIRAN BABU AND OTHERS Vs. STATE OF ANDHRA PRADESH AND OTHERS[ANDHRA PRADESH HIGH COURT] 24-10-2024
The instant petitions under Section 482 of Code of Criminal Procedure, 1973 for short ‘Cr.P.C' have been filed by the Petitioners/Accused Nos.,1 & 2, 4 and 6 respectively, seeking quashment of the proceedings against them in C.C.No.5274 of 2018 on the file of the Court of Special Judicial Magistrate of First Class for Prohibition & Excise, Guntur for the offences punishable under Sections 420, 423, 427, 467, 468, 271 and 120B of the Indian Penal Code, 1860 for short ‘I.P.C.'.
India Law Library Docid # 2420976

(746) KULDEEP KUMAR AND ANOTHER Vs. DIRECTORATE OF EDUCATION DELHI AND OTHERS[DELHI HIGH COURT] 23-10-2024
Delhi School Education Rules, 1973 — Rule 35 — Fee payment and expulsion —Expulsion from the School for non-payment of tuition fees — Fee hike from Rs. 5,130 to Rs. 7,700 per month — Challanged —Whether the fee hike was justified and whether the expulsion for non-payment was legal — Petitioner states that the fee hike was arbitrary and violated Article 14 of the Constitution — The school cannot charge different fees for the same class — Respondent states that the fee structure has been consisten
India Law Library Docid # 2419195

(747) GREY MATTERS EDUCATIONAL TRUST Vs. EXAMINER OF TRADE MARKS[DELHI HIGH COURT] 23-10-2024
Trade Marks Act, 1999 — Sections 9(1), 11 and 17 — Dismissal of application for the Trademark ‘Planet E School’— Whether the trademark 'Planet E School' is distinctive and not deceptively similar to existing marks — Petitioner argues that the trademark is visually, phonetically, and structurally different from cited marks and should be considered as a whole — Respondent states that Existing marks with the word 'Planet' could cause confusion, and the appellant's mark lacks distinctive character —
India Law Library Docid # 2419196

(748) VIRENDER SINGH Vs. STATE OF HARYANA AND ANOTHER[PUNJAB AND HARYANA HIGH COURT] 23-10-2024
Prevention of Money Laundering Act, 2002 — Sections 3 and 4 — Penal Code, 1860 (IPC) — Sections 420, 467, 468 and 471 — The High Court allowed a petition directing the Enforcement Directorate (ED) to arrest Dharam Singh Chhoker, who was accused of money laundering and other offenses — The court found that despite the dismissal of his anticipatory bail application and the issuance of non-bailable warrants, Chhoker remained unarrested and was even campaigning for his candidacy in an assembly elect
India Law Library Docid # 2419244

(749) MILAN AND OTHERS Vs. THE STATE OF MADHYA PRADESH AND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 23-10-2024
Penal Code, 1860 (IPC) — Sections 306 and 34 — Abetment to Suicide — The deceased left a suicide note accusing the petitioners of harassment and demanding money — Whether the trial court's order framing charges under Section 306 of IPC was proper, legal, and correct — The petitioners argued that the charges were based on a false and concocted story, with no evidence of harassment or abetment — They claimed to live separately and denied the allegations — The State supported the trial court's deci
India Law Library Docid # 2419404

(750) VIJAY SINGH YADAV Vs. BHOPAL DEVELOPMENT AUTHORITY AND ANOTHER[MADHYA PRADESH HIGH COURT] 23-10-2024
Service Law — Suspension and Dismissal — Misconduct —The validity of the suspension and dismissal orders, and whether the disciplinary proceedings followed due process and principles of natural justice — The petitioner argued that the disciplinary proceedings were flawed, no proper enquiry was held, no witnesses were examined, and the enquiry report was not provided to him — The respondents claimed the enquiry was conducted lawfully and the orders were justified — The court found that the discip
India Law Library Docid # 2419405

(751) SUNIL KUMAR AGRAWAL LLP Vs. THE STATE OF MADHYA PRADESH AND OTHERS[MADHYA PRADESH HIGH COURT] 23-10-2024
Bid — Rejection of — Failure to furnish required financial documents— Whether the rejection of the petitioner's bid was justified based on the failure to meet the financial document requirements — The petitioner argued that the financial documents for the year 2023-2024 should be considered since the bid submission date was extended — They also contended that the requirement for average annual turnover was not mandatory —The respondents maintained that the petitioner did not meet the pre-qualifi
India Law Library Docid # 2419406

(752) AIR INDIA CHARTERS LTD Vs. MS. TANJA GLUSICA AND OTHERS[BOMBAY HIGH COURT] 23-10-2024
Employees Compensation Act, 1923 — Sections 3, 4, 4A and 10 — Death of Pilot in an accident while on duty — The heirs are seeking compensation — The main issues include the calculation of compensation based on the deceased's salary, the liability of the principal employer, and the applicability of interest and penalties — Air India Charters Ltd. argues that the compensation should be based on the actual salary paid to the deceased, which was USD 9,170, not the USD 11,000 paid to Sigmar Aviation
India Law Library Docid # 2419583

(753) ARUNKUMAR DEVNATH SINGH Vs. THE STATE OF MAHARASHTRA[BOMBAY HIGH COURT] 23-10-2024
Motor Vehicle Act, 1988 — Sections 184, 185, 3(1) 180, 5(1) 171, 119-A and 199/177 — Penal Code, 1860 (IPC) — Section 337, 427, 279, 120-B, 201, 213, 214, 466, 467, 468 and 471 — Prevention of Corruption Act, 1988 — Section 7, 7-A, 8, 12 and 13 — The applicant is accused in an FIR related to a fatal car accident involving his minor son — Allegations include bribing doctors to replace blood samples to show a false alcohol test result — Whether the applicant's actions constitute forgery under Sect
India Law Library Docid # 2419588

(754) SURUCHI RAJENDRA GURJAR Vs. BOARD OF TRUSTEES OF THE MUMBAI PORT AUTHORITY (MUMBAI PORT TRUST)[BOMBAY HIGH COURT] 23-10-2024
Mumbai Port Trust Employees (Recruitment, Seniority and Promotion) Regulations, 2010 — Regulation 19(2) — The petitioner was appointed as Chief Law Officer by the Mumbai Port Trust — Her probation was extended multiple times, and she was eventually terminated based on allegations of providing false information about her experience — The main issue was whether the termination of the petitioner was justified and whether it was based on a stigmatic and punitive foundation — The petitioner argued th
India Law Library Docid # 2419597

(755) SIDDARTH Vs. STATE OF MAHARASHTRA[BOMBAY HIGH COURT (NAGPUR BENCH)] 23-10-2024
Prevention of Corruption Act, 1988 — Section 12 — The appellant was convicted by the Special Court for ACB, Nagpur, for accepting a bribe on behalf of a deceased Forest Guard — The complainant alleged that the Forest Guard demanded money for not filing a case against him for using wooden logs without permission — Whether accused knowingly accepted the bribe amount and whether the prosecution proved the charge under Section 12 — Counsel for the appellant argued that he was unaware the money was a
India Law Library Docid # 2419604

(756) ASHWINKUMAR PANDHARI SANAP Vs. STATE OF MAHARASHTRA[BOMBAY HIGH COURT (AURANGABAD BENCH)] 23-10-2024
Information Technology Act, 2000 — Section 66-A and 66-B — Legality of Arrest — The arrest was made at midnight, and the petitioner was later released on bail — The legality of the arrest and the applicability of the sections under which the petitioner was charged — The arrest was unconstitutional and illegal, as the sections invoked were either struck down by the Supreme Court or not relevant to the case — The arrest was a mistake, corrected before the petitioner was produced before the Magistr
India Law Library Docid # 2419610

(757) DAMODHAR JAGNNATH LOKHANDE Vs. CENTRAL BUREAU OF INVESTIGATION[BOMBAY HIGH COURT (AURANGABAD BENCH)] 23-10-2024
Penal Code, 1860 (IPC) — Sections 302 and 120B — Murder — Acquittal — The petitioners were accused of conspiracy and contract killing — The case has a long history, including multiple investigations and trials — The main issue is whether the petitioners should face trial for the alleged conspiracy and murder, given the acquittal of the co-accused by the High Court and the Supreme Court — The petitioners argue that the acquittal of co-accused who was accused of committing the murder, should apply
India Law Library Docid # 2419611

(758) MR. AUROLIANO DE OLIVEIRA @ AURO Vs. STATE OF GOA AND OTHERS[BOMBAY HIGH COURT (GOA BENCH)] 23-10-2024
Consumer Protection (Salary, Allowances and Conditions of Service of President and Members of the State commission and District Commission), Model Rules, 2020 — Rules 3(2) and 3(4) — The petitioner was appointed as a Member of the Consumer Redressal Forum, North Goa, in 2017 — He claims entitlement to revised salary and allowances under the Model Rules, 2020, from July 20, 2020, to July 3, 2022 — Whether the petitioner is entitled to the revised salary and allowances under the Model Rules, 2020,
India Law Library Docid # 2419613

(759) ASHA LAWRENCE Vs. STATE OF KERALA AND OTHERS[KERALA HIGH COURT] 23-10-2024
Kerala Anatomy Act, 1957 — Section 4A — The case involves a dispute among the children of the deceased ‘M' regarding the handling of his body — The son and one daughter wanted to donate the body for anatomical purposes, while the other daughter wanted a Christian burial — The main issues are whether the deceased's request to donate his body was valid and whether the procedure followed by the authorities was legal — The petitioner argued that the deceased's request was not formally made to the au
India Law Library Docid # 2419626

(760) SHERLY D'SOUZA Vs. MARIE CELINE D'SOUZA AND OTHERS[KERALA HIGH COURT] 23-10-2024
Partition Suit — The case involves a partition suit filed by the plaintiffs, who are siblings, for the division of property inherited from their father, ‘D’ — The property was subject to various deeds and legal disputes — The main issues include the validity of a settlement deed executed by ‘D’, his mental capacity at the time of execution, and whether the suit for partition was maintainable without setting aside the settlement deed — The appellant (defendant) argued that the settlement deed was
India Law Library Docid # 2419624