(821) THE KERALA PUBLIC SERVICE COMMISSION AND OTHERS Vs. SABEENA K.S. AND OTHERS[KERALA HIGH COURT] 21-10-2024 Rights of Persons with Disabilities Act, 2016 — Sections 40 and 42 — Respondent a visually impaired woman, applied for a teaching position but failed to upload her KTET certificate by the deadline, leading to her application's rejection — Whether the PSC's rule on submission deadlines discriminates against individuals with disabilities and if reasonable accommodations were provided — The PSC argued that rejecting non-conforming applications is justified and cited several legal precedents to supp India Law Library Docid # 2419614
(822) XXXX Vs. STATE OF KERALA[KERALA HIGH COURT] 21-10-2024 Penal Code, 1860 (IPC) — Sections 329, 330 and 331 — Mental Healthcare Act, 2017 — Section 105 — The petitioner, previously declared unfit for trial due to mental illness, was later deemed fit by a psychiatrist — The trial court did not fully comply with the procedures under Section 105 of the Mental Healthcare Act, 2017 — Whether the trial court erred in not following the mandated procedures for evaluating the petitioner's mental fitness for trial — The petitioner argued that the trial court fa India Law Library Docid # 2419615
(823) CELINAMOL MATHEW Vs. STATE OF KERALA AND OTHERS[KERALA HIGH COURT] 21-10-2024 Penal Code, 1860 (IPC) — Section 304A — Medical Negligence — Petitioner, a nurse, was charged under Section 304A IPC for alleged medical negligence leading to the death of a 10-year-old patient — Whether a nurse can be prosecuted for medical negligence based solely on witness statements without expert medical opinion — The petitioner argued that she was not negligent and that the complaint lacked expert medical opinion — She also highlighted the heavy workload and the absence of any serious issu India Law Library Docid # 2419616
(824) MR. AJAYNATH Vs. STATE OF KERALA AND OTHERS[KERALA HIGH COURT] 21-10-2024 Penal Code, 1860 (IPC) — Sections 498A and 34 — Cruelty — However, their marriage was declared null and void by the Family Court — Whether the petitioner can be prosecuted under Section 498A of the IPC when the marriage has been declared null and void — The petitioner argued that since the marriage was declared null and void, he cannot be considered a "husband" under Section 498A, and thus, the charges should be quashed — The Public Prosecutor acknowledged the Family Court's order declaring the India Law Library Docid # 2419617
(825) LEBY SAJEENDRAN Vs. STATE OF KERALA AND OTHERS[KERALA HIGH COURT] 21-10-2024 Mental Healthcare Act, 2017 — Section 115 — Penal Code, 1860 (IPC) — Section 309 — Attempt to Suicide — The petitioner is accused under Section 309 IPC due to severe stress caused by defamatory audio clips circulated during her husband's election campaign — Whether the provisions of the Mental Healthcare Act, 2017 (MHA) can be applied retrospectively to quash the criminal proceedings against the petitioner — The petitioner argues that under Section 115 of the MHA, she should be presumed to have India Law Library Docid # 2419618
(826) VISHNU RAJENDRA PRASAD Vs. SUB-REGISTRAR AND OTHERS[KERALA HIGH COURT] 21-10-2024 Registration Act, 1908 — Section 89(5) & (6) — Attachment of the property and making entry — The petitioner owns a property that was marked with an attachment in the Encumbrance Certificate by the 3rd respondent, a Police Inspector, due to an ongoing investigation — Whether the police have the authority to attach immovable property during a criminal investigation and whether such an attachment should be recorded in the Encumbrance Certificate — The petitioner argued that the police do not have t India Law Library Docid # 2419619
(827) SRI LALJI KESHA VAID Vs. SRI DAYANAND R.[KARNATAKA HIGH COURT] 21-10-2024 Negotiable Instruments Act, 1881 — Section 138 — Dishonour of Cheque — A dispute arose, leading to a civil suit and a criminal complaint for cheque dishonor — Whether the criminal proceedings for cheque dishonor can continue despite the ongoing civil suit for recovery of the same amount — The petitioner argued that the civil suit for recovery of money bars the criminal proceedings under Section 138 — The respondent contended that the civil suit and criminal proceedings are independent and can be India Law Library Docid # 2419686
(828) SRI KIRTI K. MEHTA AND OTHERS Vs. STATE OF KARNATAKA[KARNATAKA HIGH COURT] 21-10-2024 Penal Code, 1860 (IPC) — Sections 406 and 420 — Fraud and breach of contract related to real estate transactions — Whether the disputes are purely civil in nature or if they also constitute criminal offenses, and whether the FIRs should be quashed — The petitioners argued that the issues are contractual and civil, not criminal, and that the FIRs are an abuse of the legal process — The respondents contended that the petitioners committed fraud by selling properties to third parties despite receiv India Law Library Docid # 2419687
(829) MR. B.GOPALA KRISHNA AND OTHER Vs. DISTRICT COMMISSIONER AND DISTRICT APPROPRIATE AUTHORITY (“DAA”)[KARNATAKA HIGH COURT] 21-10-2024 Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 — Section 19 — Certificate of registration — The petitioners are the owners of Clinical Laboratory, sought to quash proceedings against them for alleged violations under the Act, 1994 — They had applied for renewal of their registration, but no action was taken by the authorities for two years — The main issues were whether the petitioners were operating without a valid registration and whether they viola India Law Library Docid # 2419688
(830) PRAJWAL REVANNA Vs. STATE BY CYBER CRIME POLICE STATION, CID, BENGALURU[KARNATAKA HIGH COURT] 21-10-2024 Penal Code, 1860 (IPC) — Sections 376(2)(n), 376(2)(k), 354A, 354B, 354C and 506 — Information Technology Act, 2000 — Section 66(E) — The petitioner is accused of multiple offenses including sexual assault and harassment — The incidents allegedly occurred between 2021 and 2022, with the complaint filed in May 2024 — The main issue is whether the petitioner should be granted anticipatory bail despite the serious nature of the allegations and the delay in filing the complaint — The petitioner argu India Law Library Docid # 2419689
(831) SKS ISPAT AND POWER LIMITED Vs. SOUTH EASTERN COALFIELDS LIMITED[CHHATTISGARH HIGH COURT] 21-10-2024 Limitation Act, 1963 — Section 14(1) —Appellant filed a civil suit against respondent seeking a declaration that the encashment of a Commitment Guarantee was null and void and for recovery of Rs. 2,01,21,000/-. — The main issues were whether the suit was barred by the principle of ‘res judicata’ and whether it was barred by ‘limitation’ — The petitioner argued that the suit was not barred by res judicata and that the time spent in writ proceedings should be excluded under Section 14(1) of the Li India Law Library Docid # 2419739
(832) DHANI RAM GOND Vs. STATE OF CHHATTISGARH[CHHATTISGARH HIGH COURT] 21-10-2024 Narcotic Drugs and Psychotropic Substances Act, 1985 — Section 20(b)(ii) (C) — Possession of 120 kg of Ganja —The main issue was whether the prosecution proved the offence beyond a reasonable doubt and whether the appellant's conviction was justified — The appellant argued that the prosecution failed to prove the offence beyond a reasonable doubt and that his conviction was based on inadmissible evidence — The State supported the conviction, arguing that the trial court's judgment was justified India Law Library Docid # 2419740
(833) MUNGI JANARDHAN RAO Vs. STATE[TELANGANA HIGH COURT] 21-10-2024 Prevention of Corruption Act, 1988 — Sections 7, 13(1)(d) and 20 — The appellant was convicted for demanding and accepting a bribe of Rs. 75,000 for processing a land conversion file — The trap was set by the ACB, and the appellant was caught with the marked currency notes — Whether the prosecution proved the demand and acceptance of the bribe and whether the appellant had the authority to process the land conversion — The appellant argued that the demand was not proved as the complainant turned India Law Library Docid # 2419850
(834) RADHA KRISHNA PRASAD Vs. RAM BILAS PRASAD AND OTHERS[PATNA HIGH COURT] 21-10-2024 Specific Relief Act, 1963 — Section 34 — The plaintiff claimed that the defendant agreed to sell land for Rs. 1,05,000 per kattha, but the defendant later disputed the terms, leading to a legal battle over the sale agreement — The main issues were whether the agreement was executed on 18.09.2001 or 25.01.2002, the correct sale price, and whether the plaintiff was entitled to specific performance of the contract — The plaintiff argued that the agreement dated 25.01.2002 was valid and that he was India Law Library Docid # 2419902
(835) KISHORE SAHNI Vs. STATE OF BIHAR[PATNA HIGH COURT] 21-10-2024 Penal Code, 1860 (IPC) — Section 302 — Murder — The appellant was convicted for the murder of his younger brother — The incident was reported by the deceased's wife — The main issue was whether the appellant was guilty of murder, considering the inconsistencies in the witness statements and the timing of the events — The appellant argued that the evidence was insufficient and inconsistent, particularly the statements of the sole eyewitness i.e deceased's wife — The prosecution relied on the test India Law Library Docid # 2419919
(836) ANKUR AGARWAL Vs. STATE OF U.P. AND ANOTHER[ALLAHABAD HIGH COURT (LUCKNOW BENCH)] 21-10-2024 Penal Code, 1860 (IPC) — Sections 419, 420, 467, 468, 471 & 129-B — Fraud related to the sale of government land — Whether the applicant is entitled to anticipatory bail despite proceedings under Section 82 Cr.P.C. being initiated against him — The applicant claims innocence, no criminal history, and that he is a victim of fraud — He has already filed a suit for cancellation of the fraudulent agreement — The State opposes the bail, citing the initiation of proceedings under Section 82 Cr.P.C. an India Law Library Docid # 2420041
(837) BRIJ BIHARI BIND AND OTHERS Vs. STATE OF U.P.[ALLAHABAD HIGH COURT] 21-10-2024 Penal Code, 1860 (IPC) — Section 302 — Murder — The appellants were convicted of murder with a bomb — The incident was reported by the informant, who claimed the attack was due to a dispute over a door facing the accused's courtyard — The main issues were the credibility of the FIR, the presence of contradictions in witness statements, and the absence of key evidence like the case crime number on crucial documents — The appellants argued that the FIR was fabricated, the investigation was flawed, India Law Library Docid # 2420042
(838) ONKAR SINGH AND ANOTHER Vs. STATE OF H.P.[HIMACHAL PRADESH HIGH COURT] 21-10-2024 Penal Code, 1860 (IPC) — Section 498-A read with 34 — Cruelty and Harassment — Suicide — Whether the accused were guilty of cruelty under Section 498-A of IPC and if the trial court's judgment was correct — The appellants argued that the evidence was insufficient, and there were contradictions in witness statements — They claimed no dowry demands were made — The State maintained that the testimonies of witnesses and the evidence supported the conviction for cruelty and dowry demands — The High India Law Library Docid # 2420105
(839) THE DISCIPLINARY AUTHORITY AND THE DEPUTY GENERAL MANAGER, INDIAN OVERSEAS BANK AND OTHERS Vs. J.THOMAS KARUNANITHI[MADRAS HIGH COURT] 21-10-2024 Service Law — Dismissal — The respondent, a former Branch Manager at Indian Overseas Bank, was dismissed for allegedly failing to follow due diligence in sanctioning a loan, leading to a complaint of impersonation and fraud — The main issue was whether the dismissal was justified given the alleged procedural lapses and whether the punishment was proportionate to the misconduct — The respondent argued that he had conducted necessary due diligence, the lapses were technical, and the punishment was India Law Library Docid # 2420402
(840) PRANJAL PRATIM GOSWAMI AND OTHERS Vs. THE STATE OF ASSAM AND OTHERS[GAUHATI HIGH COURT] 21-10-2024 Assam Sericulture Technical and Miscellaneous (Non-Gazetted) Service Rules, 2008 — The appellants applied for the post of Sericulture Demonstrator under the Directorate of Sericulture, Assam — They challenged the introduction of a written examination for selection, which was not part of the recruitment process in previous years — Whether the introduction of a written examination for the post of Sericulture Demonstrator is arbitrary and violates the 2008 Rules — The appellants argued that the 200 India Law Library Docid # 2420459