(1)
Viresh Kumar @ Viresh Singh .....Applicant Vs.
State of U.P. and Another .....Opposite Parties D.D
11/09/2024
HIGH COURTS
Criminal Law – Discharge - Abetment of Suicide – Section 306 IPC – Whether sufficient prima facie evidence exists to proceed against the accused for abetment of suicide – Held, based on the viscera report indicating poisoning and evidence of the applicant's conduct before and after the death, there is more than a prima facie case to proceed under Section 306 IPC –...
(2)
Kher Nagar Sukhsadan Co-operative Housing Society Ltd.....Petitioners Vs.
The State of Maharashtra & Ors.....Respondents D.D
11/09/2024
HIGH COURTS
Real Estate – Redevelopment Permissions – CIRP Process and Developer's Rights – Whether redevelopment rights of a property fall under the moratorium of a developer undergoing CIRP – Held, the redevelopment rights do not form part of AA Estates' assets, as the Development Agreement was terminated. The Resolution Professional's letters to halt redevelopment permis...
(3)
SUYANKA MONDAL .....Petitioner Vs.
DIRECTORATE OF ENFORCEMENT .....Respondent D.D
10/09/2024
HIGH COURTS
Criminal Law – Regular Bail – Section 439 CrPC and Section 45 PMLA – Bail for a woman under PMLA – The petitioner applied for regular bail under Section 439 CrPC, arguing that she was wrongfully implicated in a money laundering case linked to her father’s illegal activities. She was accused of laundering approximately ₹12 crores through her companies from proceeds o...
(4)
K.M. MOHAMOOD .....Appellant Vs.
K.M. NAZNEEN & ORS. .....Respondents D.D
10/09/2024
HIGH COURTS
Partition Suit – Oral Gift and Applicability of Indian Succession Act – Whether the oral gift made by the first defendant (father) in 1963 to his wife Ayisha is valid, and if the Indian Succession Act applies post the registration of their marriage under the Special Marriage Act – Held, the oral gift to Ayisha was upheld based on evidence in Exts.A2 and A4, wherein the gift was a...
(5)
THE CATHOLIC DIOCESE OF GORAKHPUR THROUGH ITS PRESIDENT.....Appellant Vs.
BHOLA (Deceased) & 4 OTHERS.....Respondents D.D
10/09/2024
HIGH COURTS
Land Ownership – Lease Deed – Urban Land (Ceiling and Regulation) Act, 1976 – Execution of lease deed challenged – Whether the State of U.P. was justified in leasing the land to the appellant despite claims of ownership by Bhola (respondent) – Held, Bhola’s land was never declared surplus under the Urban Land Ceiling Act, and the execution of the lease deed was ...
(6)
Devendra Tripathi and Another .....Petitioners Vs.
State of U.P. and 3 Others .....Respondents D.D
10/09/2024
HIGH COURTS
Criminal Law – Change of Investigative Agency – Sections 452, 376, 313, 506, 323, 427 IPC – Whether a court can direct a change of the investigating agency upon the request of the accused – Held, the accused cannot choose or demand a change in the investigating agency unless clear evidence of bias or partiality is demonstrated – [Paras 12-16].
Writ of Mandamus &nda...
(7)
Union of India acting through the General Manager, South Eastern Railway .....Petitioner Vs.
M/s. Jay Bharat Construction .....Respondent D.D
10/09/2024
HIGH COURTS
Arbitration Law – Challenge to Arbitral Award – Section 34 of the Arbitration Act – Whether the arbitral tribunal acted outside the terms of the contract by directing the refund of the security deposit and partially rejecting the "risk and cost" counterclaim of the Railways – Held, the arbitral tribunal failed to comply with Section 28(3) of the Arbitration Act by...
(8)
Vemu Rama Rao @ Kothanna @ Prasad .....Petitioner Vs.
State of Andhra Pradesh .....Respondent D.D
10/09/2024
HIGH COURTS
Criminal Law – Additional Evidence at Revision Stage – Section 401 CrPC – Whether additional evidence can be admitted at the revision stage – Held, the High Court can permit additional evidence even during revision if it is relevant and necessary to prevent miscarriage of justice. Documents proving illegal detention of the petitioner were allowed as additional evidence &nda...
(9)
Hekmat Biswas & Anr. .....Appellants/Defendants Vs.
Alibuddin Biswas .....Respondent/Plaintiff D.D
10/09/2024
HIGH COURTS
Property Law – Permanent Injunction – Suit for Injunction Simpliciter – Whether a suit for permanent injunction can be decreed without seeking a declaration of title when the title of the plaintiff is under dispute – Held, when a cloud is raised over the plaintiff's title, the suit for mere injunction is not maintainable without seeking a declaration of title – [P...