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) Sukhbir Singh Badal & Ors .....Appellant Vs. State of Punjab & Ors .....Respondent D.D 29/09/2023

Anticipatory Bail – Petitioners seeking anticipatory bail in the context of a conspiracy related to unprovoked firing upon peaceful protesters – Similar facts and common prayer in multiple petitions – Present order addressing six petitions with similar facts for brevity. [Para 1]   Background of the Case – Petitioners apprehending arrest for their alleged involve...

PUNJAB AND HARYANA # CRM-M-14326-2023 Docid 2023 LEJ Crim PH 50

(2) 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

(3) 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

(4) 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

(5) GANGABEN RAIJIBHAI CHAUHAN .....Appellant Vs. KESARSINH BHARATSINH DARBAR & 2 others .....Respondents D.D 29/09/2023

Motor Vehicle Accident – Compensation – Enhancement – Appellant dissatisfied with the Tribunal’s award – Tribunal awarded Rs. 1,80,000 for future loss of income and additional amounts under various heads – Appellant sustained multiple fractures and 80% permanent disablement – High Court enhanced the compensation considering prospective income and increased...

GUJARAT # FIRST APPEAL NO. 354 OF 2009 Docid 2023 LEJ Civil Guj 179358

(6) JAINEMO PRIVATE LIMITED ..... Plaintiff Vs. RAHUL SHAH AND OTHERS .....Defendants D.D 27/09/2023

Copyright Infringement – Unauthorized distribution of Plaintiff’s educational course materials on various digital platforms – Prima facie case established – Balance of convenience favors Plaintiff – Irreparable harm if infringing activity continues – Injunction granted against Defendants [Para 42-44]   Digital Platforms – Challenge of widespread...

DELHI # CS(COMM) 676/2023 & I.As. 18922/2023, 18923/2023, 18924/2023, 18925/2023, 18926/2023, 18927/2023, 18928/2023 Docid 2023 LEJ Civil Del 62

(7) JAGAT NARAYAN ..... Petitioner Vs. CENTRAL BUREAU OF INVESTIGATION ..... Respondent D.D 27/09/2023

Criminal Law - Framing of Charges - Petition seeking to set aside the order on charge - Charges framed against the Revisionist under various sections of the IPC - Allegation of beating leading to the death of the deceased - Disputed facts and varying statements by witnesses - Defense argument based on the lack of intent to cause severe bodily injury - Citing precedent cases to support the contenti...

DELHI # CRL.REV.P. 212/2023 Docid 2023 LEJ Crim Del 61

(8) IDFC FIRST BANK LTD.& ORS. -PETITIONER Vs. DISTRICT MAGISTRATE, CHANDIGARH & ORS. -RESPONDENT D.D 27/09/2023

SARFAESI Act – Validity of orders under Sections 13(2) and 14 – Borrowers challenging the validity of orders under Sections 13(2) and 14 of the Sarfaesi Act – Debtor challenging the legality of orders passed by the Debt Recovery Tribunal and Debt Recovery Appellate Tribunal – Principles of natural justice violated during the proceedings – Matter requires further exami...

PUNJAB AND HARYANA # CWP No. 30869 of 2019 Docid 2023 LEJ Civil PH 92

(9) MANOJ PATEL ALIAS MANOJ KUMAWAT ..... Petitioner Vs. STATE OF NCT OF DELHI AND ANR. ..... Respondents D.D 27/09/2023

Bail Application – Offences under Sections 406, 409, 420, 120B of the IPC – Allegations of cheating and fraud against the applicant – Prima facie involvement of the applicant in the commission of the alleged offence established – Applicant's use of forged identity documents – Flight risk – 34 cases registered against the applicant across India – Bail a...

DELHI # BAIL APPLN. 1555/2023 & CRL.M.(BAIL) 661/2023 Docid 2023 LEJ Crim Del 81