(1)
M/S HOTEL MARINA & ANR .....Decree Holders Vs.
VIBHA MEHTA .....Judgment Debtor D.D
20/08/2024
HIGH COURTS
Civil Procedure – Execution of Decree – Non-performance of Reciprocal Obligations – Application of Sections 51 and 52 of the Indian Contract Act, 1872 – Delhi High Court dismisses objections to execution petition filed by Decree Holder (DH) against Judgment Debtor (JD) for refusal to sign documents necessary to enforce settlement terms in a partnership dispute – DH en...
(2)
SBC MINERALS PVT. LTD .....Petitioner Vs.
ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE 22(2), DELHI .....Respondent D.D
20/08/2024
HIGH COURTS
Income Tax Act – Reassessment – Validity of Sanction – The petitioner challenged the reopening of its assessment under Section 148, asserting that the sanction under Section 151 was granted mechanically, without independent application of mind by the PCCIT. The Delhi High Court held that the approval granted was flawed in law, as it merely used the word "approved" witho...
(3)
GURINDER SINGH .....Petitioner Vs.
STATE OF PUNJAB .....Respondent D.D
20/08/2024
HIGH COURTS
NDPS Act – Regular Bail – Prolonged Incarceration: The petitioner was accused of smuggling and possessing 75 kg of poppy husk and was arrested with his co-accused. He had been in custody for 01 year, 09 months, and 20 days, with no other criminal cases against him. The trial had progressed slowly, with only three out of 17 prosecution witnesses examined. In line with precedents, the co...
(4)
ANIL KUMAR GARG .....Petitioner Vs.
THE STATE OF NCT OF DELHI & ORS. .....Respondents D.D
20/08/2024
HIGH COURTS
Criminal Procedure – Dismissal of Application under Section 156(3) Cr.P.C. – Petitioner's application for registration of FIR against respondents under Section 156(3) Cr.P.C. dismissed by the learned Metropolitan Magistrate and upheld by the learned ASJ – Allegations involved threats, trespass, and false implication in a criminal case – Petitioner sought cross FIR for e...
(5)
Kusum Lata .....Petitioner Vs.
State of Rajasthan & Others .....Respondents D.D
20/08/2024
HIGH COURTS
Custody of Minor Child – Habeas Corpus – Petitioner, mother of a one-and-a-half-year-old child, sought custody of her minor son who was in the custody of his grandparents – Court held that the mother, being the natural guardian under Section 6 of the Hindu Minority and Guardianship Act, 1956, is entitled to the custody of her minor son – The welfare of the minor child is pa...
(6)
SATISH KUMAR DAHIYA .....Petitioner Vs.
SMT SHIVANI DAHIYA & ANR .....Respondents D.D
20/08/2024
HIGH COURTS
Criminal Law – Section 125 Cr.P.C. – Maintenance – Interim Maintenance to Wife and Minor Son – High Court upheld the Family Court’s order granting interim maintenance of ₹12,000 per month to the wife and ₹8,000 per month to the son – Challenge to the estimation of husband's income at ₹60,000 per month despite his claim of earning ₹10,000 per month &n...
(7)
SHANKAR .....Appellant Vs.
THE STATE OF MAHARASHTRA.....Respondent D.D
19/08/2024
HIGH COURTS
Criminal Law – Sanction for Prosecution – Application of Mind – Appellant challenged the validity of the sanction under Section 19 of the Prevention of Corruption Act, alleging that it was granted without application of mind and by an incompetent authority. The court held that the sanction order lacked necessary documentary evidence to show that the powers were properly delegated...
(8)
SWAMI RHITHAMBHARANANDA & ORS. .....Petitioners Vs.
STATE OF KERALA & ORS. .....Respondents D.D
19/08/2024
HIGH COURTS
Criminal Law – Quashing of Proceedings under Sections 143, 147, 148, 149, 341, 324, 294(b), 506(ii), 323, and 447 IPC – Validity of Cognizance Without Considering Refer Report – Kerala High Court Directions for Reconsideration – The High Court quashed the cognizance orders of the Judicial First-Class Magistrate Court in cases arising from protest complaints after the police...
(9)
AMIT JAIN …..Appellant Vs.
SANJEEV KUMAR SINGH & ANR. …..Respondents D.D
16/08/2024
HIGH COURTS
Presumption under NI Act – Rebuttal – Appeal allowed – Appeal against acquittal under Section 138 NI Act – Respondent issued cheque towards loan repayment, which was dishonored – Trial Court acquitted respondent, failing to properly apply presumption under Sections 118(a) and 139 NI Act – High Court held that once execution of cheque is admitted, presumption of ...