(801) MUNNA PRASAD @ MUNNA KUMAR JAISWAL Vs. THE STATE OF BIHAR[PATNA HIGH COURT] 22-10-2024 Narcotic Drugs and Psychotropic Substances Act, 1985 — Section 20(b)(ii)(B) — Illegal trade of Ganja — The main issue was whether the prosecution could prove the seizure of Ganja and the appellant's involvement beyond a reasonable doubt — The appellant argued that the seizure was not conducted properly, witnesses did not support the prosecution, and the seized material was not produced in court — The State maintained that the prosecution had proven its case beyond reasonable doubt and the convic India Law Library Docid # 2419916
(802) RAJKISHORE BHAGAT AND OTHERS Vs. STATE OF BIHAR[PATNA HIGH COURT] 22-10-2024 Penal Code, 1860 (IPC) — Sections 366, 368 and 120B — Kidnapping and raping — The main issue was whether the appellants were rightly convicted based on the evidence presented, especially since the victim did not appear for cross-examination — The appellants argued that the victim had eloped with ‘P’ willingly and that there was a delay in filing the complaint — They also contended that the victim's testimony should not be relied upon as she did not appear for cross-examination — The State mainta India Law Library Docid # 2419921
(803) SHRI NARENDER KUMAR Vs. SMT. SATYA DEVI[HIMACHAL PRADESH HIGH COURT] 22-10-2024 Hindu Marriage Act, 1955 — Section 13 — Divorce — Cruelty and desertion — The appellant sought a divorce from the respondent-wife on grounds of cruelty and desertion — The marriage took place in 1991, and they have two sons — Whether the respondent subjected the petitioner to cruelty and deserted him without valid cause — Petitioner argued that the respondent was arrogant, insulting, and filed false complaints — She allegedly deserted him and misused his money — Respondent argues that the petiti India Law Library Docid # 2420103
(804) STATE OF H.P. AND ANOTHER Vs. M/S. GARG SONS ESTATE PROMOTERS PVT. LTD.[HIMACHAL PRADESH HIGH COURT] 22-10-2024 Arbitration and Conciliation Act, 1996 — Section 34 — The State of Himachal Pradesh received an arbitral award on 20.02.2023 and filed objections 27 days beyond the three-month limitation period prescribed under Section 34(3) of the Arbitration and Conciliation Act, 1996 — Whether the objector must explain 'sufficient cause' for the entire period from the date of receipt of the award till the date of filing objections or only for the period beyond three months — The delay was due to administrati India Law Library Docid # 2420104
(805) DILLIBABU Vs. STATE[MADRAS HIGH COURT] 22-10-2024 Penal Code, 1860 (IPC) — Sections 302 read with 109 — Murder — The case involves the murder due to an illicit relationship between appellant and the deceased's wife — The main issue is whether the conviction of appellant for the murder is justified based on the evidence presented — The appellant argued that the evidence was insufficient, the witnesses were unreliable, and the death could have been due to a road accident — The prosecution maintained that the witnesses' testimonies were credible a India Law Library Docid # 2420399
(806) M.THENMOZHI Vs. THE DEPUTY DIRECTOR, DIRECTORATE OF ENFORCEMENT, GOVERNMENT OF INDIA[MADRAS HIGH COURT (MADURAI BENCH)] 22-10-2024 Prevention of Money-Laundering Act, 2022 — Section 3 — The petitioner is accused of money laundering under PMLA — The case involves her husband, A1, who allegedly misappropriated bank funds and used them to purchase properties in her name — The petitioner seeks to quash the case against her, arguing that the properties were purchased before the FIR was registered and that she had no independent source of income — She claims the properties were bought with her savings and that her involvement in India Law Library Docid # 2420400
(807) DMK ICF LABOUR UNION AND OTHERS Vs. UNION OF INDIA AND OTHERS[MADRAS HIGH COURT] 22-10-2024 Trade Unions Act, 1926 — Section 8 — The case involves multiple petitions and an appeal by trade unions representing workers at the Integral Coach Factory (ICF) in Chennai, seeking the adoption of a Secret Ballot System for electing union representatives — The main issue is whether the ICF should adopt a Secret Ballot System for union recognition, replacing the current Staff Council System — The trade unions argue that the Staff Council System is ineffective due to equal representation from mana India Law Library Docid # 2420401
(808) NAREN CHANDRA DEKA Vs. KALYAN DAS AND OTHERS[GAUHATI HIGH COURT] 22-10-2024 Service Law — Appointment — Challanged — The appellant was allowed to hold the charge of Principal of the School — The respondent challenged this appointment, claiming seniority — The main issues were the validity of the appellant's appointment and the seniority dispute between the appellant and the respondent — The appellant argued that his seniority should be counted from his appointment date in 1998, while the respondent's seniority should be from 2010 due to ad hoc service — The respondent c India Law Library Docid # 2420458
(809) ANDHRA PRADESH STATE ROAD TRANSPORT CORPORATION Vs. SMT BAROTHU ANURADHA OTHERS[ANDHRA PRADESH HIGH COURT] 22-10-2024 These appeals are directed against the order of the Chairman, Motor Vehicle Accident Claims Tribunal-cum-XV Additional District Judge at Nuzvid (hereinafter called as ‘the Tribunal’) in M.V.O.P.No.33 of 2014 dated 20.01.2016. Since these appeals arise out of same accident and as the material facts are common, the same are being disposed of by this common judgment. India Law Library Docid # 2420960
(810) KANDULA CHENNARAYUDU Vs. JONNALAGADDA NAGAMANI ERSTWHILE VENIGALLA NAGAMANI AND OTHERS[ANDHRA PRADESH HIGH COURT] 22-10-2024 The Civil Revision Petition is filed under Article 227 of the Constitution of India against the Order dated 05.01.2024 in I.A.No.802 of 2023 in A.S.No.125 of 2023 on the file of the I Additional District Judge, Nellore filed under Section 94(e) read with Order 41 Rule 5 and Section 151 of the Code of Civil Procedure, to stay all further proceedings including the conducting of auction to be held on 22.08.2023 pending disposal of the appeal in E.A.No.32 of 2022, E.P.No.63 of 2017 in O.S.No.487 of India Law Library Docid # 2420961
(811) APSRTC, REP BY ITS VC, VIJAYAWADA, KRISHNA DIST Vs. G S SRI DEVI SANDHYA SRI ELURU W G DIST OTHERS[ANDHRA PRADESH HIGH COURT] 22-10-2024 This appeal is directed against the order of the Chairman, Motor Vehicle Accident Claims Tribunal-cum-V Additional District Judge, West Godavari at Eluru (hereinafter called as ‘the Tribunal’) in M.V.O.P.No.15 of 2013 dated 17.10.2016. The appellant is the owner/APSRTC of the Bus bearing No.AP 11Z 1291 (hereinafter referred as “crime bus”). The respondent Nos.1 and 2 herein are the wife and son one Gandikota Murali Krishna (hereinafter called as ‘the deceased’). India Law Library Docid # 2420962
(812) SRI. LANKA BHASKARA RAO Vs. STATE OF ANDHRA PRADESH[ANDHRA PRADESH HIGH COURT] 22-10-2024 Heard arguments of Sri G.V.S.Kishore Kumar, the learned Senior Counsel representing on behalf of Sri Venugopala Rao Veerla, the learned counsel for the petitioner and Sri S.Rohith, the learned Assistant Public Prosecutor for respondent-State As against A.1 to A.5 in C.C.No.197 of 2014 prosecution was initiated before learned Judicial Magistrate of First Class, Cheepurupalli. Case against A.5 was quashed by a learned Judge of this Court in Crl.P.No.4225 of 2015. Therefore, further proceedings too India Law Library Docid # 2420963
(813) YELLAMPATI VIJAY Vs. STATE OF A.P.[ANDHRA PRADESH HIGH COURT] 22-10-2024 The sole accused in S.C.No.222 of 2016 on the file of the III Additional District and Sessions Judge, Tirupati, Chittoor District is the appellant herein. By its judgment dated 06.12.2016, the learned Sessions Judge was pleased to convict the accused for the offence under Section 302 IPC and sentenced him to undergo Imprisonment for life and also to pay a fine of Rs.1,000/-, in default of payment of fine, he was directed to suffer simple imprisonment for a period of one month. India Law Library Docid # 2420964
(814) TUMPALA LAKSHMANA RAO Vs. P. VIJAYA KUMARI[ANDHRA PRADESH HIGH COURT] 22-10-2024 Petitioner filed suit O.S.No.78 of 2014 on the file of Principal District Judge, Kadapa against one P.Srinivasa Rao, his wife Smt P.Nirmala, and another for recovery of the amount. A compromise was arrived at between the plaintiff and D1 and D2. The suit was referred to Lok Adalat under Section 19 of the Legal Services Authority Act, 1987. An award was passed vide PLAC No.13 of 2017 by the District Legal Services Authority, Kadapa in O.S.No.78 of 2014 on the file of Principal District Judge, Kad India Law Library Docid # 2420965
(815) RAJESH KHANNA Vs. M/S OLAM AGRO INDIA LTD[DELHI HIGH COURT] 21-10-2024 Negotiable Instruments Act, 1881 — Section 138 — Dishonour of Cheque — Exemption from the deposit — Whether the petitioner should be exempted from depositing 20% of the fine amount due to exceptional circumstances — Petitioner argued that he was not responsible for the company's conduct, is unemployed, a senior citizen with health issues, and the company is in liquidation — The respondent argued that the petitioner has sufficient funds and no waiver is warranted — The court set aside the order d India Law Library Docid # 2419199
(816) CHIMA VITALIS Vs. STATE THROUGH PS DELHI RAILWAY STATION[DELHI HIGH COURT] 21-10-2024 Narcotic Drugs and Psychotropic Substances Act, 1985 — Sections 22, 29 and 52A—Foreigners Act, 1946 — Section 14 — Penal Code, 1860 (IPC) — Sections 467 and 474 — Recovery of 10.5 kg of methamphetamine — The main issues include the legality of the sampling procedure, delay in trial, and prolonged incarceration — The applicant argued that the sampling procedure violated Section 52A of the NDPS Act, causing potential tampering — He also highlighted the delay in trial and his prolonged custody — Th India Law Library Docid # 2419200
(817) RAJESH JAIN Vs. UT OF J&K[JAMMU AND KASHMIR AND LADAKH HIGH COURT (JAMMU BENCH)] 21-10-2024 Penal Code, 1860 (IPC) — Sections 420 and 418 — The case involves a dispute over the ownership and agreements related to a house in Gandhi Nagar, Jammu — The petitioner is an attesting witness to an agreement from 1997 — The petitioner seeks to quashing of FIR alleging that it was filed to pressure him from testifying truthfully in a pending civil suit — The petitioner argues that he was merely a witness to the agreement and had no role in its execution or any alleged forgery — He claims the FIR India Law Library Docid # 2419268
(818) SMT. SUGANDHA BHASKAR BARVE AND OTHERS Vs. MR. FIROZE FAKRUDDIN SAMIWALA[BOMBAY HIGH COURT] 21-10-2024 Maharashtra Rent Control Act, 1999 — Section 15(2) — Dispute over a shop let out in 1976 — The plaintiffs sought eviction on grounds of non-payment of rent, bonafide requirement, unauthorized alterations, and unlawful subletting — Whether the tenant defaulted on rent payments and if the plaintiffs' requirement for the premises was bonafide — The plaintiffs argued that the tenant defaulted on rent and that they needed the premises for personal use — The tenant contended that rent was regularly de India Law Library Docid # 2419584
(819) SHIVAJI DAMODAR KARNE Vs. THE STATE OF MAHARASHTRA[BOMBAY HIGH COURT] 21-10-2024 Penal Code, 1860 — Section 279 and 304-A — Rash and negligent driving — The applicant, a bus driver, was convicted for causing a fatal accident in 1997 — Whether the applicant's driving was rash and negligent, leading to the accident, and whether contributory negligence by the deceased was considered — The applicant's counsel argued that there was no evidence of rash and negligent driving, and the concept of contributory negligence was ignored by the lower courts — The State supported the convic India Law Library Docid # 2419591
(820) M/S. PARLE PRODUCTS LTD. Vs. UNION OF INDIA[BOMBAY HIGH COURT] 21-10-2024 Central Excise Act, 1944 — Section 35EE — Petitioner challenged an order reversing a rebate claim for excise duty paid on exported biscuits — The biscuits were exempt from duty for domestic sales but not for exports — Whether the exported biscuits qualify for exemption under Notification No. 3/2006 and if the duty paid can be claimed as a rebate — The petitioner argued that the exemption does not apply to exported goods and that the duty paid should be refunded as it was collected without legal India Law Library Docid # 2419598