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(761) M/S. KAIRALI GRANITES Vs. MARADU MUNICIPALITY AND OTHERS[KERALA HIGH COURT] 23-10-2024
Kerala Municipality Act, 1994 — Kerala Municipality Building Rules, 1999 — The petitioner engaged in trading marble and granites, sought a declaration that their buildings should be classified as "storage sheds" for property tax purposes under the Kerala Municipality Act — The main issue was whether the buildings should be taxed as commercial buildings or as industrial storage sheds — The petitioner argued that their buildings should be classified under industrial activity due to their registrat
India Law Library Docid # 2419625

(762) MAHINDRA & MAHINDRA FINANCIAL SERVICES LTD. Vs. K.V. CHANDRASHEKAR AND OTHERS[KARNATAKA HIGH COURT] 23-10-2024
Karnataka Stamp Act, 1957 — Article 11 of the Schedule — Petitioner entered into a loan agreement with the respondents — The respondents failed to repay the loan, leading to arbitration in Mumbai, resulting in an award of Rs. 1,19,678 — The main issue is whether the petitioner is liable to pay stamp duty on the arbitral award when enforcing it in Karnataka — The petitioner argues that the arbitral award should be treated as a decree and not subject to stamp duty, citing various court decisions —
India Law Library Docid # 2419691

(763) LAKESHWAR YADAV AND OTHERS Vs. STATE OF CHHATTISGARH[CHHATTISGARH HIGH COURT] 23-10-2024
Penal Code, 1860 (IPC) — Sections 392, 397 and 459 — Arms Act, 1959 — 25(1)(B)(a) — Robbery including using a firearm —Whether the trial court was justified in convicting the appellants under Sections 392, 397, and 459/34 of IPC and Section 25(1)(B)(a) of the Arms Act — The appellants argued that they were falsely implicated, the evidence was not properly appreciated, and there were contradictions in witness statements — The State argued that the trial court's decision was well-founded and did n
India Law Library Docid # 2419735

(764) SANJAY KUMAR DAS Vs. ANIL KUMAR DAS[CHHATTISGARH HIGH COURT] 23-10-2024
Negotiable Instruments Act, 1881 — Sections 138 and 139 — The appellant, a money-lender, lent Rs. 14,00,000 to the respondent, who issued a cheque for Rs. 11,00,000 as partial payment — The cheque was dishonored twice due to insufficient funds — Whether the cheque was issued towards the payment of a debt or liability and if the appellant proved the existence of such liability — The appellant argued that the trial court failed to appreciate the burden of proof under Section 139, which lies on the
India Law Library Docid # 2419736

(765) NEERAJ SAXENA Vs. RAJASTHAN ELECTRONICS AND INSTRUMENTS LTD.[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 23-10-2024
Service Law — Departmental Enquiry — The petitioner requested permission to travel to Singapore to visit his son — The respondent denied the request due to a pending departmental enquiry — Whether the petitioner can be deprived of traveling abroad because of the pending departmental enquiry — The petitioner argued that the right to travel abroad is a fundamental right under Article 21 of the Constitution of India — He cited the Supreme Court's judgment in Satish Chandra Verma vs. Union of India
India Law Library Docid # 2419836

(766) SAINI STONE BUILDING MATERIALS G-25 Vs. THE STATE OF RAJASTHAN AND OTHERS[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 23-10-2024
Rajasthan Municipalities Act, 2009 — Sections 130 and 131(1) — The petitioner challenged the seizure of their property by the respondents, claiming it violated principles of natural justice — Whether the seizure of the petitioner's property without proper notice and hearing was lawful — The petitioner argued that the notice was issued to the wrong person and that they were not given an opportunity to respond before the property was seized — The respondents claimed that the petitioner refused to
India Law Library Docid # 2419840

(767) WAKIL YADAV AND OTHERS Vs. THE STATE OF BIHAR[PATNA HIGH COURT] 23-10-2024
Penal Code, 1860 (IPC) — Sections 307, 147, 148, 323, 325, 380 read with Section 149 — The case involves 12 accused persons charged with various offenses, including attempted murder, rioting, and theft, stemming — Whether the trial court rightly convicted the appellants based on the evidence presented, and if the prosecution proved the guilt beyond reasonable doubt — The appellants argued that the trial court erred in convicting them without sufficient evidence, highlighting the lack of corrobor
India Law Library Docid # 2419896

(768) VINODBHAI D SHAH Vs. GUJARAT STATE FERFTILIZER COMPANY LTD.[GUJARAT HIGH COURT] 23-10-2024
Service Law — Dismissal — The petitioner was a Plant Operator with Gujarat State Fertilizer Company Ltd — He took leave citing his brother's illness but went to Muscat for temporary employment without prior permission — This led to his dismissal in 1988 — The main issue was whether the dismissal was too harsh given the petitioner's long service and whether it should be converted to a lesser punishment — The petitioner argued that the dismissal was disproportionate considering his 20+ years of se
India Law Library Docid # 2420225

(769) VEDHAVALLI AND OTHERS Vs. VENKATESAN[MADRAS HIGH COURT] 23-10-2024
Property Dispute — Ancestral Property — The case involves a dispute over ancestral properties originally owned by ‘A' — After his death, the properties were divided between his sons, 'G’ and ‘K’ — ‘G's descendants are now disputing the partition of these properties — The main issues are the validity of the oral partition, the rights of the plaintiffs and the defendant over the ancestral properties, and whether the children born from a void marriage are entitled to a share — The plaintiffs argue
India Law Library Docid # 2420396

(770) V.RAVICHANDRAN Vs. V.GANDHIMATHI AND ANOTHER[MADRAS HIGH COURT] 23-10-2024
Property Dispute — Inheritance — The case involves a dispute over the inheritance of property among the children of ‘V’ and ‘S’ — The plaintiffs (daughters) and the defendant (son) are contesting the division of the property — Whether the Hindu Succession Act, 1956 or the old customary Hindu Law applies to the inheritance of the property — The defendant argued that the old customary Hindu Law should apply, which would exclude the plaintiffs from inheriting the property — The plaintiffs contended
India Law Library Docid # 2420397

(771) M/S.P&C REALTY PROMOTERS PRIVATE LIMITED Vs. THE INSPECTOR GENERAL OF REGISTRATION[MADRAS HIGH COURT] 23-10-2024
Registration Act, 1908 — Section 89(4) — The petitioner purchased a property through an e-auction and received a sale certificate from IDBI Bank — The petitioner seeks to register this certificate without paying stamp duty — Whether the sale certificate forwarded to the Sub-Registrar for entry under Section 89(4) of the Registration Act, 1908, is liable for stamp duty — The petitioner argues that the sale certificate is not liable for stamp duty based on previous court rulings and that only a co
India Law Library Docid # 2420398

(772) RAJU AND OTHERS Vs. STATE OF MADHYA PRADESH[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 23-10-2024
Penal Code, 1860 (IPC) — Sections 304, 323, 304 and 325 — Murder — Whether the appellants' actions constituted culpable homicide not amounting to murder under Section 304 of IPC or a lesser offense — The appellants argued that the injuries were not intended to cause death and that they had no knowledge of the deceased's spleen condition — They requested a reduction in their sentence — The prosecution maintained that the appellants' actions led to the death and supported the trial court's convict
India Law Library Docid # 2420408

(773) HARSHIT PATHAK Vs. THE UNION OF INDIA AND OTHERS[GAUHATI HIGH COURT] 23-10-2024
Service Law — Post of Health Inspector — Non-inclusion of Name — Standby list — Petitioner challenged an order by the Central Administrative Tribunal regarding his non-inclusion in the standby list for the post of Health and Malaria Inspector Grade-III despite securing the same marks as the last candidate included — Whether the petitioner should be considered for additional vacancies based on the Railway Board's communications and the validity of the standby list — The petitioner argued that he
India Law Library Docid # 2420457

(774) UNITED INDIA INSURANCE COMPANY LIMITED Vs. SHAMSHAD BIBI AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT (SRINAGAR BENCH)] 23-10-2024
Motor Vehicles Act, 1988 — Section 173 — The case involves a vehicular accident on 17.04.2010, resulting in the death — His heirs filed a claim for compensation against the truck owner, driver, and the insurance company — The main issues were whether the accident was due to the driver's negligence, if the driver had a valid license, and the amount of compensation due — The insurance company argued that the deceased was a passenger, not a caretaker, and that the accident was due to his own neglig
India Law Library Docid # 2420475

(775) SURESH KUMAR Vs. SHOKAT HUSAIN AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT (JAMMU BENCH)] 23-10-2024
Motor Accident Claims — The appellant suffered a 35% permanent disability in a road accident and sought enhanced compensation from the Motor Accidents Claims Tribunal — The main issues were the reduction of disability percentage from 35% to 25% and the consideration of future income prospects — The appellant argued that the Tribunal wrongly reduced the disability percentage and did not consider future income enhancement — The respondent contended that the disability was not for the whole body an
India Law Library Docid # 2420499

(776) MOHD. IQBAL AND OTHERS Vs. UT OF J&K[JAMMU AND KASHMIR AND LADAKH HIGH COURT (JAMMU BENCH)] 23-10-2024
Penal Code, 1860 (IPC) — Sections 477, 468, 472, 406, 409 and 120B — Petitioners sought pre-arrest bail for alleged offenses under various sections of the IPC, claiming innocence and arguing the FIR was based on false complaints — Whether the petitioners should be granted pre-arrest bail considering the nature of the accusations and the legal principles governing anticipatory bail — Petitioners argued they are innocent, deeply rooted in society, and the FIR was filed due to personal grievances a
India Law Library Docid # 2420500

(777) RAVIPATI SREENIVASA RAO AND OTHERS Vs. KOYYALA SUBBA RAO AND OTHERS[ANDHRA PRADESH HIGH COURT] 23-10-2024
This Second Appeal has been filed by the Appellants / Respondents / Defendants against the Decree and Judgment dated 19.01.2007, in A.S.No.69 of 2002 on the file of V Additional District Judge (Fast Track Court), East Godavari, Rajahmundry (for short, ‘the 1st Appellate Court’) reversing the decree and Judgment dated 28.02.2002, in O.S.No.230 of 1996 on the file of Additional Senior Civil Judge, Rajahmundry (for short, ‘the trial Court’).
India Law Library Docid # 2420966

(778) DUDEKULA SIDDAIAH Vs. STATE OF ANDHRA PRADESH[ANDHRA PRADESH HIGH COURT] 23-10-2024
By judgment dated 25-01-2023 in S.C.No. 78 of 2021 on the file of the Court of learned Special Judge for Trial of Offences under Protection of Children from Sexual Offences Act, 2012, Prakasam District at Ongole (for short, 'the trial Court'), the sole accused was found guilty of the offences under Sections 201, 342, 366, 376-AB and 302 of Indian Penal Code (for short, 'IPC') and Section 6 read with Section 5 (l) (m) (r) of the Protection of Children from Sexual Offences Act, 2012 (for short, '2
India Law Library Docid # 2420967

(779) SMT. MUNIPALLI VAJRAM AND OTHERS Vs. APSRTC, HYD. AND OTHERS[ANDHRA PRADESH HIGH COURT] 23-10-2024
This appeal is directed against the order of the Chairman, Motor Vehicle Accident Claims Tribunal-cum-VIII Additional District Judge at Vijayawada (hereinafter called as ‘the Tribunal’) in M.V.O.P.No.144 of 2013 dated 21.09.2016. The appellants, who are wife and children of one Munipalli Ramakrishna (hereinafter called as ‘the deceased’), herein are the claimants. The respondent No.1 is the owner/APSRTC of the Bus bearing No.AP 28Z 5256 (hereinafter referred as “crime bus”). The respondent No.2
India Law Library Docid # 2420968

(780) AALLA ANIL KUMAR Vs. STATE OF ANDHRA PRADESH AND OTHERS[ANDHRA PRADESH HIGH COURT] 23-10-2024
The instant Criminal Petition under Section 482 of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C) has been filed, by the Petitioner/Accused, seeking to quash the proceedings in C.C.No.1051/2021 on the file of Principal Junior Civil Judge, Tanuku registered for the offences under Sections 420 of IPC. Heard Sri C. Prakash Reddy, learned counsel for the Petitioner, Sri M. Santosh Reddy, learned counsel for the Respondent No.2 and Ms. K. Priyanka Lakshmi, learned Assistant Public Prosecuto
India Law Library Docid # 2420969