Order Taking Cognizance Must Reflect Application Of Mind; Section 197 CrPC Sanction Mandatory For Prosecuting Public Servants: Karnataka High Court Plaint Cannot Be Rejected Partially Against Specific Defendants Or Properties; Limitation Is A Triable Issue: Telangana High Court Employee Having National Trade Certificate & Prior Experience To Be Treated As 'Highly Skilled' For Compensation: Orissa High Court Insurance Company Entitled To Subpoena Investigating Officer For Vehicle Records When Insured Is Untraceable: Madras High Court Seller's Fraudulent Conduct & Non-Disclosure Of Mortgage Justify Refund Of Advance Sale Consideration: Kerala High Court Complaint Under Section 138 NI Act Filed By Partner On Behalf Of Firm Maintainable Even Without Specific Authorization Letter: Gujarat High Court Extension Of Remand Beyond 180 Days Under NDPS Act Requires Public Prosecutor's Independent Report, Not Just IO's Request: Andhra Pradesh High Court Orissa Grama Panchayats Act | No Bar On Rescheduling No-Confidence Motion Meeting Before Its Commencement: High Court Non-Preparation Of ‘Nil’ Seizure List After Searching Raiding Officer Not Fatal To NDPS Prosecution: Calcutta High Court Registration Of Trademark Confers Exclusive Right To Sue For Infringement Irrespective Of Whether Mark Is In Use: Delhi High Court Presence Of Magistrate Not Mandatory For Recording Dying Declaration; Conviction Can Be Based On DD Recorded By Police: Bombay High Court Routine Bank Transfers Between Spouses For Daily Needs Are Gratuitous Payments, Not Recoverable As Entrusted Funds: Kerala High Court Clerical Lapses Under Work Pressure Amount To Dereliction Of Duty, Not Crime: Madras High Court Quashes Corruption Case Against Deputy BDO Burden Of Proving Sale Deed Is Bona Fide Lies On Beneficiary If Executant Is Illiterate Or Vulnerable: Andhra Pradesh High Court Employee Cannot Take Advantage Of Own Delay; Employer Not Required To Preserve Disciplinary Records For Eternity: Bombay High Court Deadline To File Evidence Under Rule 45 Trade Marks Rules Is Directory, Registrar Can Extend Time Under Section 131: Bombay High Court Exclusion Of Interest In Insurance Policy Is Conditional; Insurer Must Plead & Prove Employer's Failure To Comply With Act To Avoid Liability: Kerala High Court Practicing Lawyer Entitled To Interim Maintenance From Husband If Income Is Insufficient To Maintain Standard Of Living: Orissa High Court Section 138 NI Act Offences Can Be Compounded At Any Stage Even After Dismissal Of Revision Or Appeal: Madras High Court Unsuccessful Party Seeking Post-Award Interim Relief Under Section 9 Faces 'Higher Threshold', Must Show Rare & Compelling Circumstances: Bombay High Court

(1) SMT. ARCHANA PRADHAN .…PETITIONER Vs. STATE OF KARNATAKA AND OTHERS …RESPONDENT D.D 29/09/2023

Child Custody - Welfare of the Child - Dispute between parents over the custody of minor child, Master Advik - Parents originally from India, living in various countries due to career prospects - Child's happiness and well-being considered paramount - Extensive interactions with the child revealed his preference to stay with the father in Bangkok - Mother's career priorities in Germany not...

KARNATAKA # W.P.H.C NO.79 OF 2023 Docid 2023 LEJ Civil Karnt 92

(2) DIPESH MANIBHAI SHAH ....Appellant Vs. STATE OF GUJARAT & 1 other(s) ......Respondent D.D 29/09/2023

Legal Challenge – Challenging legality and validity of orders passed by respondent authorities regarding payment of premium for land transfer – Group of Special Civil Applications filed – Special Civil Application No. 13748 of 2006 treated as lead matter – Submissions made in lead matter applicable to other petitions in the group. [Para 1-3]   Factual Background ...

GUJARAT # R/SPECIAL CIVIL APPLICATION NO. 13748 of 2006 With R/SPECIAL CIVIL APPLICATION NO. 23353 of 2005 With R/SPECIAL CIVIL APPLICATION NO. 23354 of 2005 With R/SPECIAL CIVIL APPLICATION NO. 23355 of 2005 With R/SPECIAL CIVIL APPLICATION NO. 13749 of 2006 With R/SPECIAL CIVIL APPLICATION NO. 13750 of 2006 With R/SPECIAL CIVIL APPLICATION NO. 13751 of 2006 With R/SPECIAL CIVIL APPLICATION NO. 13752 of 2006 With R/SPECIAL CIVIL APPLICATION NO. 13753 of 2006 With R/SPECIAL CIVIL APPLICATION NO. 13754 of 2006 With R/SPECIAL CIVIL APPLICATION NO. 13755 of 2006 Docid 2023 LEJ Civil Guj 17

(3) Dr. Bijender @ Vijender Kumar .... Petitioner Vs. Mehar Singh and another .... Respondents D.D 29/09/2023

Civil Revision – Impleadment of Party – Plaintiff filed a suit for permanent injunction against the defendant – Defendant claimed no concern with the suit property as construction was done by his son – Plaintiff moved an application under Order 1 Rule 10 read with Section 151 CPC to implead the son as defendant no.2 – Defendant opposed the application as time-barred a...

PUNJAB AND HARYANA # C. R. No. 4685 of 2023 Docid 2023 LEJ Civil PH 78

(4) Neelam Nitin Sampat ...Petitioner Vs. State of Maharashtra 2. Senior Police Inspector ,Tardeo Police Station 3. Priyanka Kadam, PSI, Tardeo Police Station 4. The Commissioner of Police, Crawford Market, Mumbai 5. Deputy Commissioner of Police, Zone 3, Byculla ………..Respondents D.D 29/09/2023

Habeas Corpus - Arrest – Illegal detention of petitioner’s husband – Offences charged were bailable – Offer to furnish bail – Violation of fundamental rights – CCTV footage analysis reveals time discrepancies – Inquiry initiated against errant officials – Unconditional apology tendered by investigating officer – Apology accepted – Order f...

BOMBAY # Gauri Godse, J., and Revati Mohite Dere, J. Docid 2023 LEJ Crim Bom 14

(5) Palghar Taluka Industrial Federation and Others ...Petitioners Vs. Sadanand Dadu Bhoir ...Respondent D.D 29/09/2023

Service Law - Industrial Dispute – Challenge to termination of employee – Termination based on allegations of misconduct and sexual harassment – Inquiry conducted by employer – Legal validity of termination challenged – Matter referred to Labour Court – Labour Court found termination in violation of section 25F of the Industrial Disputes Act, 1947 – Indust...

BOMBAY # CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3768 OF 2023 Docid 2023 LEJ Civil Bom 63

(6) Ravdeep Kaur . . . . Petitioner Vs. State of Punjab &Ors. . . . . Respondents D.D 29/09/2023

Criminal Writ Petition – Premature Release – Petitioner seeks direction for premature release under Article 161 of the Constitution of India – Petitioner has completed more than 16.5 years of actual custody – Convicted under Section 302 read with Section 120B IPC – Pending Criminal Appeal – Contention that State Government's policy allows her release –...

PUNJAB AND HARYANA # CRWP-3794-2023 Docid 2023 LEJ Crim PB 32

(7) STATE OF PUNJAB ........Appellant Vs. SH. RISHI RAM ... Respondent(s) D.D 29/09/2023

Civil Appeal – Termination of service – Grant of back wages – Appellant-State challenges the judgment allowing the respondent's appeal against the termination of his services – Respondent's services were terminated without following proper procedure – Trial Court set aside the termination but declined to grant back wages – First Appellate Court granted b...

PUNJAB AND HARYANA # RSA-1533-1992 Docid 2023 LEJ Civil PH 25

(8) Mothukuri Yerraiah Yerrababu ……….Pertitioner Vs. State of Telengana ……………Respondent D.D 29/09/2023

Rowdy Sheet - Legality of keeping rowdy sheet open against the petitioner - Petitioner's challenge to the action of respondents - Allegation of the action being illegal, arbitrary, and violative of Articles 14, 19, and 21 of the Constitution of India - Petition seeks closure of the rowdy sheet. [Para 1-2]   Background - Four criminal cases registered against the petitioner - Two cas...

TELANGANA # WRIT PETITION No.11577 of 2023 Docid 2023 LEJ Crim Tel 15

(9) BRIJESH PRAVINKUMAR JOSHI .....Appellant Vs. STATE OF GUJARAT .....Respondent D.D 29/09/2023

Anticipatory Bail – Suicide Inducement Allegations – Accused seeks anticipatory bail asserting no direct or indirect role in deceased’s suicide – Claims only demanded repayment of invested money – Court examines circumstances and legal principles governing anticipatory bail [Paras 1-3]. Judicial Discretion – Criteria for Bail – High Court considers abse...

GUJARAT # CRIMINAL MISCELLANEOUS APPLICATION (FOR ANTICIPATORY BAIL) NO. 17350 OF 2023 Docid 2023 LEJ Crim Guj 995896