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(981) YAGALLA APPAJI PRAVEEN Vs. GORTI RAMA KRISHNA[ANDHRA PRADESH HIGH COURT] 14-10-2024
The plaintiff in the suit filed the above revision against the order dated 18.06.2024 in I.A.No.97 of 2024 in O.S.No.38 of 2015 on the file of Special Judge for Trial of Cases under SCs & STs (POA)-cum-IV Additional District Judge, Srikakulam. Plaintiff filed suit O.S.No.38 of 2015 seeking specific performance of suit agreement of development dated 05.10.2011 or in the alternative for recovery of advance amount with interest.
India Law Library Docid # 2420927

(982) S AMMANI Vs. STATE OF ANDHRA PRADESH AND OTHER[ANDHRA PRADESH HIGH COURT] 14-10-2024
The Criminal Petitions, under Section 482 Cr.P.C., have been filed by the petitioner to quash the orders dated 16.11.2023 in Crl.M.P.Nos.2433 and 2660 of 2023 in C.C.No.231 of 2020 on the file of the learned IV Additional Judicial Magistrate of First Class, Tirupati. The petitioner herein filed Crl.M.P.No.2433 of 2023 under Section 311 of the Cr.P.C., to recall PW1 for marking of documents and also filed Crl.M.P.No.2660 of 2023 under Section 254 of Cr.P.C. to receive the documents as listed in t
India Law Library Docid # 2420928

(983) MR. BHOJRAJ HASARAM GURUNANI AND ANOTHER Vs. MR. ABDUL MAJID HAJI KADARSO MANER AND OTHERS[BOMBAY HIGH COURT] 11-10-2024
Maharashtra Rent Control Act, 1999 — Section 8 — The case involves a dispute over a shop — The landlord sought eviction of the tenant on grounds of unlawful subletting, bonafide need, and default in rent payment — The main issues are whether the tenant unlawfully sublet the premises, whether the landlord has a bonafide need for the premises, and whether the tenant defaulted on rent payments — The tenant argued that the rent was paid and the premises were not sublet — He also contested the landlo
India Law Library Docid # 2418774

(984) RAKESH MATASHARAN SHUKLA Vs. THE STATE OF MAHARASHTRA[BOMBAY HIGH COURT] 11-10-2024
Criminal Procedure Code, 1973 (CrPC) — Section 248(2) of Cr.P.C. — Sections 279, 354D and 337 — Rash and negligent driving, stalking, and causing injuries — Whether the applicant's actions constituted stalking under Section 354D of the IPC and whether the conviction for rash and negligent driving was justified — The applicant argued that the evidence was inconsistent and that the prosecution failed to prove the elements of stalking — They also contended that the delay in filing the FIR was not a
India Law Library Docid # 2418775

(985) DINKAR SHANKAR DESHMUKH AND ANOTHER Vs. THE STATE OF MAHARASHTRA AND ANOTHER[BOMBAY HIGH COURT] 11-10-2024
Penal Code, 1860 (IPC) — Sections 409, 420, 465, 467, 468, 471 and 120-B read with 34 — The applicants, former sub-Registrars, are accused of registering transactions involving forest land, which is prohibited by law — Whether the applicants can be held criminally liable for registering transactions that were prohibited by law, given their duties under the Registration Act — The applicants argue that their role as Registering Officers is limited to verifying the execution and identity of the par
India Law Library Docid # 2418776

(986) IMRAN KHAN Vs. UNION TERRITORY OF J&K AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT (JAMMU BENCH)] 11-10-2024
Surveillance Register — Removal of Name — Petitioner's arms license was canceled, and his name was entered in the Surveillance Register and a history sheet was opened, despite his acquittal in all but one case — Whether the entry of his name in the Surveillance Register and the opening of a history sheet were justified and legal — Petitioner argued that his name was entered without proper procedure, despite his acquittals, and that this action violated his rights — The authorities claimed petiti
India Law Library Docid # 2419295

(987) M/S SHAKTI POLYFAB PVT. LTD. Vs. THE STATE OF GUJARAT AND OTHERS[GUJARAT HIGH COURT] 11-10-2024
Central Goods and Service Tax Act, 2017 — Section 61 — CGST Rules, 2017 — Rule 99 — The petitioner is a manufacturer of packaging materials — They faced discrepancies in Input Tax Credit (ITC) claims under GST, leading to a recovery notice from the authorities — The main issue was the mismatch between ITC claimed in GSTR-3B and GSTR-2A forms, resulting in a recovery notice without a prior show cause notice — The petitioner argued that the discrepancies were due to purchases from SEZ units not re
India Law Library Docid # 2420226

(988) DINESHKUMAR KISHANRAM BISHNOI Vs. STATE OF GUJARAT AND OTHERS[GUJARAT HIGH COURT] 11-10-2024
Gujarat Prevention of Anti-social Activities Act, 1985 — Section 2(b) — The petitioner was preventively detained as a bootlegger — The legality and validity of the detention order were challenged — The detention was argued to be a matter of law and order, not public order, and thus not justifying preventive detention — The State contended that the petitioner's habitual offenses affected society at large, justifying the detention — The court found the detention order unsustainable, as the offense
India Law Library Docid # 2420233

(989) GOPAL Vs. STATE[RAJASTHAN HIGH COURT] 10-10-2024
Penal Code, 1860 (IPC) — Sections 302, 326 and 329 — The accused in an intoxicated state, poured acid causing severe burns — ‘K’ later died from the injuries — Whether the accused's actions constituted murder under Section 302 IPC or culpable homicide not amounting to murder under Section 304 IPC — The defense argued that the incident was not premeditated, occurred during a sudden fight, and lacked intent to kill — The prosecution maintained that the accused's actions were deliberate and resulte
India Law Library Docid # 2418840

(990) ISMAIL BABALAL ATTAR Vs. THE STATE OF MAHARASHTRA AND OTHERS[BOMBAY HIGH COURT] 10-10-2024
Secured Loan — Waiver of — The petitioner applied for a loan waiver under the "Chhatrapati Shivaji Maharaj Shetkari Sanman Yojana-2017" for an agricultural loan of Rs.1,92,000/- taken from the Bank of Maharashtra — The main issue is whether the petitioner's loan, secured by gold ornaments, qualifies for the loan waiver scheme — The petitioner argued that the loan was for agricultural purposes and should be eligible for the waiver — The Bank of Maharashtra contended that loans secured by gold are
India Law Library Docid # 2418777

(991) CHOLAMANDALAM M. S. GENERAL INSURANCE CO. LTD. Vs. SMT. POONAM GUPTA AND OTHERS[BOMBAY HIGH COURT] 10-10-2024
Motor Accident Claims — Quantum of Compensation — The case involves a motor accident claim where the deceased was hit by a dumper truck, resulting in his death — The widow and parents of the deceased filed for compensation — The main issues are the quantum of compensation and the liability of the insurance company versus the driver/owner of the dumper — The insurance company argued that the compensation awarded was too high and that deductions for personal expenses were not applied — They also c
India Law Library Docid # 2418778

(992) THE STATE OF MAHARASHTRA Vs. PRADIP VISHWANATH JAGTAP[BOMBAY HIGH COURT] 10-10-2024
Penal Code, 1860 (IPC) — Section 302 — Murder of Four Family Members, including his wife, due to suspicions about her fidelity — Death Penalty by the trial court — "rarest of rare" category — The main issues revolve around the validity of the conviction and the appropriateness of the death penalty — The defence argued that the evidence was insufficient, witnesses were unreliable, and the accused was falsely implicated — They also contended that the death penalty should be commuted to life impris
India Law Library Docid # 2418779

(993) THE STATE OF MAHARASHTRA AND ANOTHER Vs. SMT. SUNITA SHANKARRAO VHATKAR AND OTHERS[BOMBAY HIGH COURT] 10-10-2024
Service Law — Permanency — The State of Maharashtra challenged the Industrial Court's order granting permanency to several contract employees — Whether the Industrial Court's order granting permanency based on 240 days of service was valid — The State argued that permanency cannot be granted without sanctioned posts and proper selection procedures, citing the Municipal Council, Tirora case — The employees argued they were selected through a proper process and had been working for many years, thu
India Law Library Docid # 2418780

(994) AKHIL BHARAT KRISHI GO SEVA SANGH Vs. THE STATE OF MAHARASHTRA[BOMBAY HIGH COURT] 10-10-2024
The petitioner-Trust claims that the State of Maharashtra owes them Rs. 1,19,35,750 for conducting fodder feeding camps under a government scheme — The main issue is whether the petitioner complied with the scheme's requirements and is entitled to the claimed amount — There are also disputes about the number of animals, proper certification, and compliance with the scheme — The petitioner argues that they complied with all requirements, and the Tahsildar certified the animal numbers — They claim
India Law Library Docid # 2418781

(995) RAJESH SANGAMLAL JAISWAL AND ANOTHER Vs. THE STATE OF MAHARASHTRA[BOMBAY HIGH COURT] 10-10-2024
Penal Code, 1860 (IPC) — Sections 376(2)(g), 366A, 292, 500 and 506 (II) and 34 — Information Technology Act, 2000 — Section 67 — The appellants were convicted for multiple offences including rape, abduction, and criminal intimidation — The incident involved the recording and dissemination of a video of the crime — The main issues revolved around the admissibility of the video evidence, the credibility of the victim's testimony, and the delay in reporting the crime — The appellants argued that t
India Law Library Docid # 2418782

(996) ‘X’ Vs. MAHARASHTRA NATIONAL LAW UNIVERSITY AND OTHERS[BOMBAY HIGH COURT] 10-10-2024
Education Law — Expulsion — Petitioner, a student at Maharashtra National Law University (MNLU), was expelled for alleged sexual harassment — The Internal Complaints Committee (ICC) found him guilty for the second time, leading to his expulsion — The main issues include procedural fairness, the applicability of the University Grants Commission (UGC) regulations, and the proportionality of the punishment — The petitioner argued that the ICC did not follow proper procedures, such as allowing cross
India Law Library Docid # 2418783

(997) VARUN KHANDELWAL Vs. THE STATE OF RAJASTHAN AND OTHERS[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 10-10-2024
Rajasthan Public Premises (Eviction of Unauthorised Occupants) Act, 1964 — Allotment of plot and cancellation of the same due to non-compliance — The petitioner, claiming to be a tenant, sought re-allotment after the plot was handed over to RIICO — Whether the petitioner was a tenant and if the procedures under the Rajasthan Public Premises Act were followed during the possession handover — The petitioner argued that the eviction process was not followed correctly and that the power of attorney
India Law Library Docid # 2418818

(998) SANTHA BAI AND ANOTHER Vs. ANUSUYA BAI[KERALA HIGH COURT] 10-10-2024
Injunction — Property Dispute — Plaintiffs sought injunction and damages over a property dispute, claiming defendants' life interest was repugnant to their rights — Court dismissed appeal, upheld defendants' life interest as per settlement deed, and found it not violative of the Transfer of Property Act — Plaintiffs' claim that it was a mere interest license was rejected. Defendants' life interest was affirmed.
India Law Library Docid # 2419061

(999) AKHILESH CHANDRAN Vs. SABU VARGHESE AND ANOTHER[KERALA HIGH COURT] 10-10-2024
Motor Accident Claims — The claimant, injured in a motorcycle accident with a 14% permanent disability, argued that the Motor Accidents Claims Tribunal's compensation was inadequate, citing an incorrect assessment of his actual salary (Rs. 27,954 vs. Rs. 6,000) and insufficient disability compensation. The insurance company disputed any earnings loss. The court, referencing precedents including Dinesh Singh vs. Bajaj Allianz General Insurance Co. Ltd., increased the compensation to Rs. 4,18,680,
India Law Library Docid # 2419062

(1000) SUMIT JANDYAL ALIAS GATARU Vs. UNION TERRITORY OF JAMMU AND KASHMIR[JAMMU AND KASHMIR AND LADAKH HIGH COURT (JAMMU BENCH)] 10-10-2024
Jammu & Kashmir Public Safety Act, 1978 — Section 18(1)(a) — Preventive Detention — The detention was based on allegations of his involvement in criminal activities and maintaining public order — The main issue was whether the preventive detention order was justified and legally valid — The petitioner argued that the detention was an attempt to bypass the ordinary legal process and was based on mechanical and repetitive grounds without proper consideration of the facts — The respondents defended
India Law Library Docid # 2419287