(941) SUDHIR MADHAVRAO KUDALE AND OTHERS Vs. UNION OF INDIA AND OTHERS[BOMBAY HIGH COURT] 15-10-2024 National Highways Act, 1956 — Section 3D — The petitioners claim ownership of a building, which was allegedly demolished by the National Highways Authority of India (NHAI) without due process and compensation during the widening of NH-4 — Whether the demolition of building was lawful and if the petitioners are entitled to compensation — The petitioners argue that the demolition was illegal, they were rendered homeless, and no compensation was paid — NHAI contends that the structures were unautho India Law Library Docid # 2418766
(942) MR. SHASHIKANT GANGAR Vs. ADITYA BIRLA FINANCE LIMITED AND OTHERS[BOMBAY HIGH COURT (GOA BENCH)] 15-10-2024 Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 — Section 34 — The petitioner is challenging an order that dismissed his appeal and confirmed the rejection of his suit by the Commercial Court — The suit involves allegations of fraud and collusion related to a loan sanctioned by Aditya Birla Finance Limited to Libox Chem (India) Private Limited — Whether the suit is barred by Section 34 of the SARFAESI Act — Whether the allegations of fraud and India Law Library Docid # 2418767
(943) TATA CAPITAL LIMITED Vs. PRIYANKA COMMUNICATIONS (INDIA) PVT. LTD. AND OTHERS[BOMBAY HIGH COURT] 15-10-2024 Arbitration and Conciliation Act, 1996 — Section 11 — Appointment of an arbitrator — Disputes arising from a Sanction Letter dated August 19, 2019, related to a Working Capital Demand Loan (WCDL) and other financial facilities provided to Respondent — The main issue is whether the disputes are arbitrable given the provisions of the SARFAESI Act and the Recovery of Debts due to Banks and Financial Institutions Act, 1993 — Appellant argued that there is a valid arbitration agreement and that the d India Law Library Docid # 2418768
(944) HIRAMAN YASHWANT KATHE AND OTHERS Vs. THE STATE OF MAHARASHTRA AND OTHERS[BOMBAY HIGH COURT] 15-10-2024 Maharashtra Industrial Development Act, 1961 — Section 34 — Petitioners, agriculturists from Nashik, challenge the Maharashtra Industrial Development Corporation's (MIDC) decision not to refer their compensation dispute to a civil court — They argue their land was misclassified, affecting compensation — Whether the land should be classified as seasonally-irrigated or perennially-irrigated, impacting the compensation rate — Petitioners argue that the land was wrongly classified, leading to lower India Law Library Docid # 2418769
(945) M/S. BHIMALE AND SONS Vs. MOTI DINSHAW IRANI AND OTHERS[BOMBAY HIGH COURT] 15-10-2024 Property Dispute — Rent and Eviction — Sub-letting — Default in paying rent payments — The case involves a dispute over a plot of land and a shed — The plaintiffs claim ownership and allege that the original tenant unlawfully sublet the premises to the defendants, who defaulted on rent payments — The main issues are the legality of the subletting, the default in rent payment, and the rightful ownership and tenancy of the property — The plaintiffs argue that the defendants are illegal sub-tenants India Law Library Docid # 2418770
(946) AJAY KUMAR PANDEY Vs. STATE OF U.P. AND OTHERS[ALLAHABAD HIGH COURT] 15-10-2024 Education Law — Petitioner’s admission to an LLB course was canceled by University due to ineligibility based on graduation year — Compensation — Whether the cancellation of admission was justified and if the petitioner should be compensated —The petitioner argued that the fault lay with the Law College for accepting his documents and that he should be allowed to continue his studies — The University and Law College contended that the petitioner was ineligible for admission as per the brochure's India Law Library Docid # 2419045
(947) GARDEN VIEW OWNERS WELFARE ASSOCIATION THRU SECY. AND ANOTHER Vs. THE DY. REGISTRAR FIRMS SOCIETIES AND CHITS LUCKNOW AND OTHERS[ALLAHABAD HIGH COURT (LUCKNOW BENCH)] 15-10-2024 Uttar Pradesh Apartment (Promotion of Construction, Ownership, and Maintenance) Act, 2010 — Sections 3(e) and 14 — The petitioners challenged an order directing them to make all flat owners members of the association and deposit maintenance fees —Whether the Deputy Registrar had the authority to direct the petitioners to induct flat owners as members and whether the complaint was maintainable — The petitioners argued that the complainants were not members of the association and had no locus stan India Law Library Docid # 2419046
(948) SAROJINI AMMA AND OTHERS Vs. PALACE ADMINISTRATION BOARD AND OTHERS[KERALA HIGH COURT] 15-10-2024 Property Dispute — In a dispute over property rights, the court addressed the validity of the plaintiffs' title based on partition deeds and the admissibility of additional evidence by the defendants. The court set aside the improper admission of new evidence but upheld the dismissal of the plaintiffs' suits for insufficient proof of their title and possession. The appeals were partially allowed, confirming the dismissal while correcting the admission of evidence. India Law Library Docid # 2419060
(949) GURRAPPA NAIDU AND OTHERS Vs. MUNUSAMY NAIDU[MADRAS HIGH COURT] 15-10-2024 Property Dispute — Ancestral property — The property was initially divided in 1982, but a new partition deed in 2010 led to the current conflict — The main issues are whether the plaintiff is entitled to more land than originally allotted and whether the 2010 partition deed is valid — The plaintiff argues that he is entitled to 1.36 acres based on boundaries, despite the original allotment of 1.26 acres — He also claims the 2010 partition deed is invalid — The defendants argue that the plaintiff India Law Library Docid # 2419177
(950) P.ANANDA KUMAR Vs. THE DIRECTOR GENERAL OF POLICE AND OTHERS[MADRAS HIGH COURT] 15-10-2024 Tamil Nadu Prison Rules, 1983 — Rule 541 — Writ Petition — To ensure facilities for unconvicted and civil prisoners in Tamil Nadu, particularly regarding interviews and communication with legal advisers — The main issue is whether the current facilities provided to unconvicted prisoners for communication with their legal advisers are adequate and comply with the Rules, 1983 — The petitioner argued that the existing facilities are inconvenient and do not allow effective communication between lega India Law Library Docid # 2419178
(951) P.JESUMARIAL Vs. THE CHAIRMAN AND OTHERS[MADRAS HIGH COURT (MADURAI BENCH)] 15-10-2024 Service Law — Voluntary retirement — Later withdrew the request before the effective date — Whether the acceptance of the voluntary retirement request is valid despite the petitioner's withdrawal before the effective date — The petitioner argued that the withdrawal of the voluntary retirement request before the effective date should nullify the acceptance — The respondents maintained that the acceptance of the voluntary retirement was in accordance with the rules and effective from the specified India Law Library Docid # 2419179
(952) MOHD ARSHAD AND OTHERS Vs. SYED MOHD YAHAYA NIZAMI[DELHI HIGH COURT] 15-10-2024 Delhi Rent Control Act, 1958 — Sections 25B(8) and 38 — Bona fide requirement —Whether the tenants should have filed a revision against the eviction order or if their appeal under Section 38 of the DRC Act was maintainable — The tenants argued that their appeal was valid under Section 38 of the DRC Act, as the eviction proceedings had concluded and the statutory bar under Section 25B(8) no longer applied — The landlord contended that the dismissal of the tenants' objections was a continuation of India Law Library Docid # 2419203
(953) SANDEEP Vs. THE STATE OF MADHYA PRADESH AND OTHERS[MADHYA PRADESH HIGH COURT] 15-10-2024 Penal Code, 1860 (IPC) — Sections 302 and 304 Part I — Murder — Dispute over unpaid wages — Alteration of Sentence — Whether the conviction under Section 302 IPC was appropriate given the circumstances of the case — The appellants argued that the incident was a sudden fight over wages, and the injuries were not intended to cause death — They contended that the case should fall under Section 304 Part-I IPC — The prosecution maintained that the appellants were guilty of murder, as evidenced by the India Law Library Docid # 2419419
(954) DR. LALIT CHATURVEDI Vs. DR. DIPALI SAHU[MADHYA PRADESH HIGH COURT] 15-10-2024 Special Marriage Act, 1954 — Sections 36 and 39A — The appellant challenges orders directing his employer to furnish his income details for maintenance enforcement — The respondent seeks execution of an interim maintenance order of Rs. 6,000 per month — Whether the interim maintenance order under Section 36 of the Special Marriage Act is enforceable and whether the appellant's payments can be adjusted against the maintenance due — The appellant argues that the order under Section 36 is not execu India Law Library Docid # 2419420
(955) SMT. UMA DONGRE Vs. SMT. SUMAN DEVI[CHHATTISGARH HIGH COURT] 15-10-2024 Transfer of Property Act, 1882 — Section 53A — The appellant filed a suit for vacant possession of a house and damages against the respondent — The house was purchased by the appellant from 'T’, and the respondent was allowed to stay in the house — The respondent claimed an agreement to sell the house was made in 1993 —The main issues were whether the agreement to sell was forged and whether the respondent could claim protection under Section 53A — The appellant argued that the agreement was for India Law Library Docid # 2419746
(956) CHAMAN BALA Vs. STATE OF HIMACHAL PRADESH AND OTHERS[HIMACHAL PRADESH HIGH COURT] 15-10-2024 Service Law — Appointment — Anganwari Worker — The petitioner was appointed as an Anganwari Worker in 2007 but her appointment was canceled based on a complaint — The private respondent was then appointed in her place — The main issue is whether the petitioner's writ petition is maintainable given the 14-year delay in filing it — The petitioner argues that the private respondent's appointment was illegal due to an incorrect income certificate and seeks reinstatement — The respondents argue that India Law Library Docid # 2420113
(957) PRAKASH RAMESHBHAI KAMJI MINA Vs. STATE OF GUJARAT AND OTHERS[GUJARAT HIGH COURT] 15-10-2024 Gujarat Prevention of Anti-social Activities Act, 1985 — Section 2(c) — Preventively detained as a "dangerous person" — The legality and validity of the detention order were challenged, questioning whether the activities of the detenue affected public order or merely law and order — The detention grounds had no nexus to public order and were purely matters of law and order — The detenue was a habitual offender whose activities affected society at large, justifying the detention to maintain publi India Law Library Docid # 2420234
(958) VISAKHAPTNAM CO-OPERATIVE BANK LTD. Vs. A P COOPERATIVE TRIBUNAL AND OTHERS[ANDHRA PRADESH HIGH COURT] 15-10-2024 A company, by the name of M/s. RVJ Textiles Private Limited, had obtained a loan of Rs.20,00,000/- from M/s. Bobbili Cooperative Urban Bank. The said Bobbili Cooperative Urban Bank had subsequently merged into the Visakhapatnam Cooperative Bank Limited and it is the Visakhapatnam Cooperative Bank Limited which is pursuing litigation for the recovery of the said loan amount. The said loan is said to have been sanctioned by obtaining security over the assets of the company and also after obtaining India Law Library Docid # 2420930
(959) P.VEERA RAGHAVULU AND OTHERS Vs. PALLAPU KRISHNA MURTHY[ANDHRA PRADESH HIGH COURT] 15-10-2024 C.R.P.No.280 of 2023 is directed against the order, dated 21.11.2022, dismissing I.A.No.790 of 2022 in O.S.No.107 of 2015 on the file of the Court of the Senior Civil Judge, Addanki, filed under Section 45 of the Indian Evidence Act, 1872 and Section 151 CPC to send the suit agreement of sale, dated 22.12.2003, executed by the defendant in favour of the sole plaintiff to the government handwriting expert for examination and comparison of the signatures of the executant (defendant) contained ther India Law Library Docid # 2420932
(960) SANDRA LOKESH NAIDU Vs. STATE OF ANDHRA PRADESH[ANDHRA PRADESH HIGH COURT] 15-10-2024 In this criminal revision, under sections 438 and 442 of the BNSS, the accused in SC.No.113 of 2018 on the file of learned II Additional Sessions Judge, Madanapalle of Chittoor District calls in question the legality, correctness of the order dated 29.08.2024 of the learned trial Judge in Crl.MP.No.359 of 2024. India Law Library Docid # 2420933