(881) HARBANS LAL AND OTHERS Vs. STATE OF HP AND OTHERS[HIMACHAL PRADESH HIGH COURT] 18-10-2024 Service Law — Regularization — Petitioners were regularized with retrospective effect from January 1, 2012, but their arrears were restricted by a corrigendum dated March 29, 2019 — The main issue was whether the corrigendum restricting arrears was valid and whether the petitioners were entitled to arrears from the notional dates of their regularization — Petitioners argued that the corrigendum should be quashed and they should receive arrears from the notional dates of their regularization — Re India Law Library Docid # 2420109
(882) LAKHAN Vs. STATE OF GUJARAT AND OTHERS[GUJARAT HIGH COURT] 18-10-2024 Gujarat Prevention of Anti-social Activities Act, 1985 — Section 2(b) — Preventively detained as a bootlegger — The main issue was whether the detention order was sustainable in law, considering the distinction between "law and order" and "public order" — The petitioner argued that the grounds for detention had no nexus to "public order" and were purely a matter of law and order — The State contended that the petitioner was a habitual offender whose activities affected society at large, justifyi India Law Library Docid # 2420235
(883) NEW INDIA ASSURANCE CO. LTD. Vs. KEDARI RAMBABU VIJAYAWADA KRISHNA AND OTHERS[ANDHRA PRADESH HIGH COURT] 18-10-2024 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.459 of 2014 dated 30.07.2016. The appellant is the insurer of the Lorry bearing No.AP 16 TV 1035 (hereinafter referred as “crime lorry”). The respondent Nos.1 to 3 herein are the husband and children of one J. Vijaya Gowri (hereinafter called as ‘the deceased’). The respondent Nos.4 and 5 are driver India Law Library Docid # 2420981
(884) MADDALI GIRIDHAR RAO AND OTHERS Vs. CHANDRAGIRI YESURATNAM AND OTHERS[ANDHRA PRADESH HIGH COURT] 18-10-2024 I.A.No.3 of 2023 is filed by the petitioner/1st respondent to reject/dismiss the Election Petition No. 15 of 2019 under Order 7 Rule 11(a) of the Code of Civil Procedure for noncompliance of the mandatory procedure under Sections 81, 83 and 86 of the Representation of the People Act, 1951 (hereinafter referred to as “R.P. Act”) read with Conduct of Elections Rules, 1961. India Law Library Docid # 2420982
(885) RELLI APPALA NAIDU AND OTHERS Vs. STATE OF AP[ANDHRA PRADESH HIGH COURT] 18-10-2024 Both the accused in Sessions Case No.250 of 2015 on the file of the Court of III Additional District and Sessions Judge, Bhimavaram, are the appellants. They were tried by the learned Additional Sessions Judge under three charges. 1st Charge is under Section 120-B IPC, 2nd charge is under Section 302 IPC and the 3rd charge is under Section 380 IPC. India Law Library Docid # 2420983
(886) M/S. SAI RAGHAVENDRA COLD STORAGE PVT. LTD. Vs. DY. REGIONAL DIRECTOR, ESI CORPORATION AND ANOTHER[ANDHRA PRADESH HIGH COURT] 18-10-2024 This appeal under Section 82(2) of the Employees State Insurance Act, 1948 (in short ESI Act) has been filed by M/s. Sai Raghavendra Cold Storage Pvt. Ltd., challenging the order dated 23.01.2007 passed in ESI.No.20 of 1999 by the Presiding Officer of the Labour Court, Guntur (in short ‘PO’). India Law Library Docid # 2420984
(887) M/S YOUNG STYLE OVERSEAS Vs. STATE OF U.P. AND OTHERS[ALLAHABAD HIGH COURT] 17-10-2024 Evasion of Stamp Duty — Petitioner a partnership firm dealing in shoe exports — Property purchased from ‘W’ via public auction by Canara Bank due to loan default —Involves deficiency in stamp duty determined by the District Magistrate/Collector (Stamp), Agra — Whether the property was correctly valued and the appropriate stamp duty paid — Whether the sale qualifies as a public auction under the relevant legal provisions — Petitioner argues that the property was sold through a public auction, and India Law Library Docid # 2419027
(888) VIJAYAMMA Vs. STATE OF KERALA[KERALA HIGH COURT] 17-10-2024 Penal Code, 1860 (IPC) — Section 302 – Murder — The appellant was convicted of murdering her 12-year-old nephew by strangulation — She argued lack of motive and insanity as defenses — The prosecution claimed a confession and conclusive evidence of guilt — The court upheld the conviction and sentence, finding the prosecution's case proven beyond reasonable doubt and rejecting the insanity defense as insufficiently proven. India Law Library Docid # 2419056
(889) M/S. CHETTINAD CEMENT CORPORATION PVT LIMITED AND ANOTHER Vs. THE TAMIL NADU POLLUTION CONTROL BOARD[MADRAS HIGH COURT] 17-10-2024 Environment (Protection) Act, 1986 — Section 15, 16 and 19(a) — The petitioners are facing criminal prosecution for mining operations without obtaining the required Environmental Clearance (EC) as mandated by the Act, 1986 — Whether the petitioners violated the Environment (Protection) Act by continuing mining operations without EC and whether the prosecution is valid given the amendments under the Jan Vishwas Act, 2023 — The petitioners argue that their mining activities on land less than 5 hec India Law Library Docid # 2419088
(890) DIRECTORATE OF ENFORCEMENT REP. BY THE DEPUTY DIRECTOR Vs. M/S.KANISHK GOLD PVT. LTD. AND OTHERS[MADRAS HIGH COURT] 17-10-2024 Penal Code, 1860 (IPC) — Sections 120-B, 420, 467, 468 and 471 IPC — Prevention of Corruption Act, 1988 — Sections 13(2) and 13(1)(d) — Money laundering and causing a loss of Rs. 824.15 crores to a consortium of banks —Whether the Special Court's decision to acquit the accused was justified, particularly regarding the admissibility of the Forensic Audit Report — The petitioner argued that the Special Court wrongly dismissed the Forensic Audit Report as inadmissible and that the accused did not d India Law Library Docid # 2419089
(891) M/S CHALLANI RANK JEWELLERY AND OTHERS Vs. ASHOK KUMAR JAIN[MADRAS HIGH COURT] 17-10-2024 Negotiable Instruments Act, 1881 — Section 138 — Dishonour of Cheque — Blocked account — Whether a single complaint for dishonor of 36 cheques is maintainable and if the account being blocked protects the drawer from prosecution under Section 138 —Petitioner argues that the cheques were for previous transactions — The account had sufficient funds but was blocked by the Income Tax Department and Enforcement Directorate — Respondent contends that the cheques were issued for the debt — The account India Law Library Docid # 2419090
(892) A.SUDHA Vs. THE ASSISTANT DIRECTOR[MADRAS HIGH COURT] 17-10-2024 Prevention of Money Laundering Act, 2002 — Sections 45, 3, 4, 8(5) and 70(1)(2) — Money Laundering of Rs. 8 Crores — The main issue is whether the supplementary complaint filed by the Enforcement Directorate under the PMLA against the petitioner is valid and whether the petitioner should be implicated as an accused —The petitioner argues that the supplementary complaint is untenable, citing previous court orders and the lack of specific allegations against her — She also contends that the prop India Law Library Docid # 2419091
(893) KALAIVANI Vs. THE SECRETARY TO GOVERNMENT AND OTHERS[MADRAS HIGH COURT] 17-10-2024 Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Cyber law offenders, Forest Offenders, Goondas, Immoral Traffic offenders, Sand Offenders, Sexual Offenders, Slum Grabbers and Video Pirates Act 1982 — Section 3(1) — Detention — Quashing of —The main issue was the inordinate delay in passing the detention order after the arrest of the detenu — The petitioner argued that the delay between the arrest (05.06.2024) and the detention order (11.08.2024) was unreasonable and snapped the liv India Law Library Docid # 2419092
(894) STATE Vs. PONNUVEL[MADRAS HIGH COURT] 17-10-2024 Penal Code, 1860 (IPC) — Sections 324 and 302 — Murder — Property Dispute — The main issue is whether the accused's acquittal by the Trial Court was justified, considering the evidence presented — The State argued that the testimonies of the injured witness (PW2) and other witnesses were credible and that the delay in registering the FIR should not undermine the case — The defense contended that the delay in registering the FIR and the absence of the accident register from the hospital created r India Law Library Docid # 2419083
(895) BABU @ THILAGAR BABU Vs. STATE[MADRAS HIGH COURT] 17-10-2024 Penal Code, 1860 (IPC) — Sections 302 and 324 — Murder — Property Dispute — The main issue was whether the conviction and sentence for murder were justified based on the evidence presented — The appellant argued that the prosecution's case was unreliable due to delays in registering the complaint and inconsistencies in witness testimonies —The prosecution maintained that the key witness, P.W.1 (the deceased's wife), was credible despite the delay and that her testimony was supported by other evi India Law Library Docid # 2419084
(896) NANJAPPAN Vs. STATE[MADRAS HIGH COURT] 17-10-2024 Penal Code, 1860 (IPC) — Section 506 — Protection of Children from Sexual Offences Act, 2012 — Sections 5(m) and 6 — Sexually assaulting a 4½-year-old child and threatening the child's mother — The main issues were the identity of the accused, the delay in filing the complaint, and the appropriateness of the sentence — The appellant argued mistaken identity, claiming he was an agriculturist, not a tailor — He also highlighted the 10-day delay in filing the complaint and suggested the possibility India Law Library Docid # 2419085
(897) EZHUMALAI AND OTHERS Vs. STATE[MADRAS HIGH COURT] 17-10-2024 Penal Code, 1860 (IPC) — Sections 147, 148, 323, 324, 427, 302 and 34 — Dispute over a passage — Violent altercation — Murder —Whether the accused were involved in the attack and if the prosecution proved the charges beyond reasonable doubt — The defense argued that there was no direct evidence linking the accused to the crime, and the prosecution witnesses were biased and unreliable — The prosecution contended that the evidence from witnesses and forensic reports proved the accused's involvemen India Law Library Docid # 2419086
(898) MRS.SUGUNA Vs. STATE BY INSPECTOR OF POLICE[MADRAS HIGH COURT] 17-10-2024 Penal Code, 1860 (IPC) — Section 302 — The appellant was convicted for the murder of a man who had borrowed money from her and her late husband — The prosecution alleged that the appellant and her husband set the deceased on fire over a financial dispute —The main issue was whether the conviction based on multiple dying declarations and eyewitness testimonies was valid, given the inconsistencies in the evidence — The appellant argued that the dying declarations were inconsistent and influenced b India Law Library Docid # 2419087
(899) JAYABHARATHI.R W/O RAGU Vs. THE CHIEF SECRETARY TO THE GOVERNMENT AND OTHERS[MADRAS HIGH COURT] 17-10-2024 Detention — Validity of — Challanged — inordinate delay between arrest and the detention order, which questions the validity of the detention — The petitioner argued that the delay in passing the detention order breaks the "live and proximate link" between the grounds and purpose of detention, making the order invalid — The respondents did not dispute the delay but did not provide a satisfactory explanation for it — The court referenced previous cases, including 'Sushanta Kumar Banik Vs. State o India Law Library Docid # 2419171
(900) THE MANAGEMENT Vs. R.PARTHIBAN AND ANOTHER[MADRAS HIGH COURT] 17-10-2024 Penal Code, 1860 (IPC) — Sections 457 and 380 — The Management issued a charge memorandum against an employee for theft, fabricating false accounts, and generating bogus bills — The employee was terminated — The legality of the employee's termination and whether the charges of theft and misconduct were substantiated — The Management argued that the charges were proven in a domestic enquiry and that the Labour Court and Single Judge did not consider the material particulars — The employee contend India Law Library Docid # 2419173