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(801) BECHARBHAI VALABHAI VANIYA AND OTHERS Vs. THE STATE OF GUJARAT[GUJARAT HIGH COURT] 18-07-2024
Penal Code, 1860 (IPC) — Sections 147, 148, 149, 323, 324, 186, 332 and 333 — Bombay Police Act, 1951 — Section 135 — Conviction and Sentence — Appellants argued that the prosecution had failed to prove their guilt beyond a reasonable doubt — The court found that the prosecution had failed to prove the charge as there was no written complaint by the concerned public servant as required by Section 195(1)(a) of the CrPC — The court also found that the charge under Section 135 of the Act, 1951 was
India Law Library Docid # 2416149

(802) D.K. ENTERPRISERS Vs. JYOTI SANJAY AGRAWAL[ORISSA HIGH COURT] 18-07-2024
Civil Procedure Code, 1908 (CPC) — Section 47 — Challenging an ex parte decree — The petitioner had challenged an order passed by the Civil Judge (Senior Division), Bhubaneswar, which dismissed an application under Section 47 of the CPC challenging an ex parte decree — The court held that the plea of fraud could not be decided in an application under Section 47 of the CPC and that the petitioner had not challenged the judgment and decree despite having knowledge of it — The court also dismissed
India Law Library Docid # 2416150

(803) M/S ASIA TRADELINKS Vs. M/S DIVYANSHU ELECTRONICS[HIMACHAL PRADESH HIGH COURT] 18-07-2024
Negotiable Instruments Act, 1881 — Sections 138 and 139 — The High Court overturned the acquittal of the accused — The accused had issued a cheque to the complainant, which was dishonoured due to insufficient funds — The complainant filed a complaint under Section 138 of the NI Act, alleging that the cheque was issued in discharge of a legally enforceable debt or liability — The accused claimed that the cheque was issued as security and not for the discharge of any debt or liability — The High C
India Law Library Docid # 2416151

(804) THE STATE OF HIMACHAL PRADESH Vs. M/S ADANI POWER LIMITED[HIMACHAL PRADESH HIGH COURT] 18-07-2024
Contract Act, 1872 — Sections 65 and 70 — Refund of an upfront premium — The court found that Adani Power's claim for refund of an upfront premium paid to the State of Himachal Pradesh was not sustainable — The court considered the provisions of Sections 65 and 70 of the Contract Act and determined that Adani Power was not entitled to a refund as they were in pari delicto (equally at fault) with the original bidder, Brakel Corporation NV — The court also noted that a note recorded on a file is m
India Law Library Docid # 2416152

(805) SARLA DEVI Vs. STATE OF HIMACHAL PRADESH[HIMACHAL PRADESH HIGH COURT] 18-07-2024
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — Section 3(1)(x) — Penal Code, 1860 (IPC) — Sections 452 and 323 — The High Court upheld the conviction of the accused — The accused was found guilty of intentionally insulting and intimidating a person belonging to a Scheduled Caste in any place within public view — The court rejected the argument that the incident did not take place in a public place, as it occurred during a Panchayat meeting where members of the publi
India Law Library Docid # 2416153

(806) A (NAME AND ADDRESS WITHHELD) AND ANOTHER Vs. STATE OF H.P.[HIMACHAL PRADESH HIGH COURT] 18-07-2024
Juvenile Justice (Care and Protection of Children) Act, 2015 — Section 14(3) — Time period prescribed for completion of the preliminary assessment under Section 14(3) of the Act is not mandatory but directory — The Chief Judicial Magistrate or Chief Metropolitan Magistrate can extend the period of inquiry for limited reasons to be recorded in writing — The court approved the views expressed by the High Court of Madhya Pradesh, the High Court of Delhi, and the High Court of Punjab and Haryana reg
India Law Library Docid # 2416154

(807) PADAM SINGH Vs. POONAM THAKUR @ KAKU[HIMACHAL PRADESH HIGH COURT] 18-07-2024
Criminal Procedure Code, 1973 (CrPC) — Section 125 — Maintenance — Determination of maintenance Amount — Petitioner/wife appeal for enhancement the maintenance amount to 12,000/- per month — The court held that the petitioner/wife is entitled to maintain the same status as she had in her matrimonial home even after separation — The court also dismissed the petition filed by the respondent/husband — The observations made by the court shall remain confined to the disposal of the main petitions and
India Law Library Docid # 2416155

(808) SMT. VIMLABAI Vs. SHEETAL AND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 18-07-2024
Penal Code, 1860 (IPC) — Sections 294, 147, 149, 452, 323, 427 and 506 — Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 — Sections 3(1)(r), 3(1)(dha), 3(1)(dh) and Section 3(2)(va) — Reversal of an acquittal — The trial court had acquitted the respondents — The appellant sought to take on record a CD as evidence under Section 65(B) of Evidence Act, but the court rejected the application due to lack of proper authentication and delay in filing — The court also noted that
India Law Library Docid # 2416157

(809) ASHISH AND OTHERS Vs. STATE OF GUJARAT AND ANOTHER[GUJARAT HIGH COURT] 18-07-2024
Penal Code, 1860 (IPC) — Sections 498A, 323, 294, 506(2) and 114 — Dowry Prohibition Act, 1961 — Sections 3 and 7 — Quashing of FIR — The court found that the allegations made by the complainant were vague, general, and lacked any specific instance of cruelty or demand for dowry — The court also noted that the complainant had left her matrimonial home voluntarily and that the FIR was lodged as a counterblast to a divorce petition filed by the husband — The court held that the FIR was a sheer abu
India Law Library Docid # 2416158

(810) SMT. BINOBALA NONGMEIKAPAM Vs. STATE OF MANIPUR AND OTHERS[MANIPUR HIGH COURT] 18-07-2024
Service Law — Promotion — The High Court dismissed a writ petition challenging the promotion of a respondent to the post of Joint Director, Social Welfare, Government of Manipur — The court found no merit in the petitioner's arguments regarding the consideration of integrity certificates, benchmark grading, and the assessment of annual confidential reports — The court also noted that the petitioner's overall grading in the annual confidential reports for the preceding five years was "Very Good,"
India Law Library Docid # 2416159

(811) KARTIK MOHAN PRASAD Vs. STATE OF MAHARASHTRA AND OTHERS[BOMBAY HIGH COURT] 18-07-2024
Penal Code, 1860 (IPC) — Section 420 — Maharashtra Protection of Interests of Depositors (In Financial Establishments) Act, 1999 — Sections 2, 3 and 4 — Bail — The High Court granted bail to the petitioner who had been in pre-trial detention for over seven and a half years — The court found that the petitioner had already undergone the maximum punishment prescribed under MPID Act and IPC — The court noted that prolonged incarceration without trial amounts to a violation of the right to life and
India Law Library Docid # 2416160

(812) ASHOK KUMAR GAUTAM Vs. BHAGWAN KASHINATH NARSALE AND OTHERS[BOMBAY HIGH COURT] 18-07-2024
Penal Code, 1860 (IPC) — Section 420 — Quashing of Criminal Proceedings — The High Court dismissed the Petition filed by the petitioner, who sought to quash criminal proceedings against him — The court held that the petitioner had induced the complainant to purchase an E-rickshaw, promising to register and insure the vehicle, but failed to fulfill those promises — The court rejected the petitioner's argument that he was unaware of the government regulations regarding E-rickshaw registration and
India Law Library Docid # 2416161

(813) MR. NAOREM AMAR MEITEI AND OTHERS Vs. THE STATE OF MANIPUR AND OTHERS[MANIPUR HIGH COURT] 18-07-2024
Manipur Municipalities Act, 1994 — Sections 42(b) and196 — The petitioners challenged an order issued by the Chairperson of the Bishnupur Municipal Council (respondent No. 1) changing a previously allotted parking site for vehicles to a free parking space within the Bishnupur Municipal area — The court found that the impugned order had nothing to do with the area of operation or route permit allocated to the petitioners' association or the respondent No. 8 (another transport cooperative society)
India Law Library Docid # 2416162

(814) KUNAL AND OTHERS Vs. THE STATE OF MAHARASHTRA DEPARTMENT OF TRIBAL DEVELOPMENT AND OTHERS[BOMBAY HIGH COURT] 18-07-2024
Maharashtra Scheduled Castes, Scheduled Tribes, De-Notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2000 — Section 7 — Case involving six related individuals (petitioners) who were issued Scheduled Tribe (ST) certificates — The certificates were later revoked by the Scheduled Tribe Certificate Scrutiny Committee (respondents) on the grounds of alleged fraud — The petitioners c
India Law Library Docid # 2416163

(815) DR. (MRS.) SATYAWATI SUDHIR JOSHI Vs. STATE OF MAHARASHTRA AND OTHERS[BOMBAY HIGH COURT] 18-07-2024
Maharashtra Civil Services (Pension) Rules, 1982 — Rule 33 — Denial of pensionary benefits — Petitioner a retired teacher who was denied pensionary benefits despite having completed 33 years of service — The main issue in the case is whether the breaks in her service should be considered as continuous service for the purpose of pensionary benefits — The court ruled in favor petitioner stating that her service from 1993 to 2006 should be considered continuous, and she is entitled to pensionary be
India Law Library Docid # 2416164

(816) PADAM SINGH Vs. POONAM THAKUR @ KAKU[HIMACHAL PRADESH HIGH COURT] 18-07-2024
Criminal Procedure Code, 1973 (CrPC) — Section 125 — Maintenance — Enhancement of the maintenance amount from 7,000/- per month to 12,000/- per month — The court held that the husband, who is a government servant with a monthly net pay of 42,470/-, can easily afford the increased maintenance amount — The court also noted that the wife, who has no source of income, is entitled to maintain the same status she had in her matrimonial home even after separation — The court dismissed the petition file
India Law Library Docid # 2416156

(817) M.SRIKANTH Vs. THE STATE OF ANDHRA PRADESH[ANDHRA PRADESH HIGH COURT] 18-07-2024
Constitution of India, 1950 — Articles14, 16, 21 and 226 — The four writ petitions were filed — The petitioners sought relief in the form of a writ of mandamus to declare the actions of the respondents as illegal, arbitrary, and violative of Articles 14, 16, and 21 of the Constitution of India — The main issues in the writ petitions were the termination of the petitioners' services without proper inquiry or notice and the refusal to recognize the petitioners as regular Record Assistant and Junio
India Law Library Docid # 2416196

(818) M/S. RAJU VEGESNA PROPERTIES INDIA PRIVATE LIMITED Vs. TELANGANA STATE INDUSTRIAL INFRASTRUCTURE CORPORATION TSIIC[TELANGANA HIGH COURT] 18-07-2024
Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 — Section 3 — A real-estate company acquired leasehold rights from Invent ARC through a public auction originally held by M/s XL Telecom and Energy Limited — The issue was whether the company could claim these rights and request mutations despite the original lease being canceled by the respondents — The company argued legal acquisition and the respondents' prior knowledge without objection — How
India Law Library Docid # 2416280

(819) SHABBIR KHAN Vs. STATE OF TELANGANA[TELANGANA HIGH COURT] 18-07-2024
Wakf Act, 1954 — Section 5(2) — Petitioners claim ownership of agricultural land with occupancy rights certificates — Their land, converted for non-agricultural use, faced resistance during a sale attempt due to its designation as waqf property in a Gazette Notification — The case examined the legality of this designation and the validity of an addendum notification issued under an outdated Waqf Act — The court found the addendum illegal and void, issued under a repealed act without proper provi
India Law Library Docid # 2416281

(820) RENUKAMMA AND OTHERS Vs. THE STATE OF KARNATAKA AND OTHERS[KARNATAKA HIGH COURT (DHARWAD BENCH)] 18-07-2024
Penal Code, 1860 (IPC) — Sections 143, 147, 148, 447, 354, 323, 427 and 504 — The petitioners and the de-facto complainant are involved in a civil dispute over land — The de-facto complainant alleges that the petitioners formed an unlawful assembly, trespassed, and committed various offences — Whether the criminal proceedings against the petitioners should be quashed given the civil nature of the dispute — The complaint is false and intended to harass the petitioners — The dispute is civil, not
India Law Library Docid # 2416363