(21) THE WEST BENGAL HANDLOOM WEAVERS COOPERATIVE SOCIETY LIMITED Vs. JAYANTA SAHA[CALCUTTA HIGH COURT] 14-05-2024 Limitation Act, 1963 - Section 5 –West Bengal Premises Tenancy Act, 1997 - Sections 7(1) and 7(2) – The provisions of Section 5 of the Act, 1963, cannot be resorted to for condonation of delay in filing an application under Section 7(1) and 7(2) of the Act, 1997 (W.B.P.T. Act, 1997). India Law Library Docid # 2414999
(22) THE KOLKATA MUNICIPAL CORPORATION Vs. SMT. SURAMA SINGH[CALCUTTA HIGH COURT] 14-05-2024 Kolkata Municipal Corporation Act, 1980 - Calcutta Municipal Corporation (Taxation) Rules, 1987 - Assessment of annual valuation of properties - The Municipal Assessment Tribunal and the Kolkata Municipal Corporation are not permitted to assess the annual valuation of properties arbitrarily - They have to look at what is a fair rent that would be payable for the premises in question during the year of assessment. India Law Library Docid # 2415000
(23) ROOPKATHA BHATTACHARYA Vs. K.M.D.A. & ORS.[CALCUTTA HIGH COURT] 14-05-2024 West Bengal Land Conversion Scheme, 2023 - A transferor can only transfer the rights, title, and interest that they possess - If a transferor does not have absolute ownership of a property, they can only transfer a leasehold interest, not absolute ownership. India Law Library Docid # 2415001
(24) PARESH GHOSH AND OTHERS Vs. THE STATE OF WEST BENGAL[CALCUTTA HIGH COURT] 14-05-2024 Penal Code, 1860 (IPC) - Section 323 - The appellants argue that the prosecution's case contains inconsistencies in the description of the incident and the injuries reported, which do not align with the charges against them - The State claims that the appellants were rightfully convicted based on the evidence presented, including witness testimony and medical reports - The High Court scrutinizes these factors to determine the appropriateness of the charges and convictions - The court modifies th India Law Library Docid # 2415002
(25) NIRMALA SAHU (SAMANTA) Vs. NANDIGRAM BRAJA MOHAN GIRLS’ HIGH SCHOOL AND OTHERS[CALCUTTA HIGH COURT] 14-05-2024 Resignation – The High Court of Calcutta has set aside a judgment and decree passed by the lower court in a case involving the resignation of a headmistress from a school - The court found that the lower court erred in its conclusion that the headmistress's resignation was accepted and that her withdrawal of the resignation was not valid - The High Court held that in the absence of any legal, contractual, or constitutional bar, a prospective resignation can be withdrawn at any time before it bec India Law Library Docid # 2415003
(26) SARASWATI DEVI AND OTHERS Vs. KALIKA CHOUDHARY AND OTHERS[PATNA HIGH COURT] 14-05-2024 Specific Relief Act, 1963 - Section 34 – Civil Procedure Code, 1908 (CPC) – Section 144 and Order 21 Rule 92(3) – The case involves a dispute over the auction sale of land, which the plaintiffs claim is void and not binding upon them. The land in question is ancestral property, and the plaintiffs are descendants of ‘R’ - The main issues revolve around the validity of the auction sale, the maintainability of the suit, and whether the suit is barred by various legal provisions such as the Specifi India Law Library Docid # 2415004
(27) MST. RAJA AND OTHERS Vs. STATE OF JAMMU AND KASHMIR AND OTHERS[JAMMU AND KASHMIR HIGH COURT] 14-05-2024 Service Law – Recovery of upgradtion payment - The petitioner filed a complaint against a letter recommending the recovery of upgradation payments from his pension and the release of all pensionary benefits post-retirement as a pump operator - The letter was deemed illegal due to its hasty application and lack of proper application of rules - The petitioner argued that the order was unconstitutional and illegal, while the respondents argued that the petitioner was illegally upgraded without prop India Law Library Docid # 2414982
(28) MOHAMMAD QASIM PASWAL Vs. MOHAMMAD RAMZAN WANI[JAMMU AND KASHMIR HIGH COURT] 14-05-2024 Limitation Act, 1963 - Condonation of Delay - The appellant seeks to set aside the decree, citing delay due to the counsel's advice and personal circumstances - The main issue is the condonation of delay in filing the appeal, which was submitted five years after the original judgment and decree - The appellant claims he was unaware of the need to appear in court and was misadvised by his counsel, leading to the delay in filing the appeal - The respondent contends that the appellant was aware of India Law Library Docid # 2414983
(29) INAYAT RASHID BHAT Vs. UNION TERRITORY OF J&K AND ANOTHER[JAMMU AND KASHMIR HIGH COURT] 14-05-2024 Jammu and Kashmir Public Safety Act, 1978 – Detention - The petitioner challenged a detention order on charges of non-provision of documents, verbatim reproduction of a police dossier, and non-consideration of representation - The detaining authority relied solely on the police dossier and failed to provide necessary documents - The court found that the non-consideration of the petitioner's representation violated his fundamental rights under the Constitution of India - The detention order was q India Law Library Docid # 2414984
(30) REYAZ AHMAD RAH Vs. RABIA JAN[JAMMU AND KASHMIR HIGH COURT] 14-05-2024 Criminal Procedure Code, 1973 (CrPC) – Section 125 – Maintenance – The petitioner filed a revision against the trial court's order granting the respondent Rs. 3500/- per month in maintenance - The revisional court upheld the trial court's order - The main issue is whether the divorce was by mutual consent and if the respondent is entitled to maintenance post-divorce - The petitioner argues that the divorce was mutual and the respondent was to receive an amount specified in a mutual agreement, no India Law Library Docid # 2414985
(31) GOURAV KHAJURIA Vs. UT OF J&K AND OTHERS[JAMMU AND KASHMIR HIGH COURT] 14-05-2024 Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 - Section 3 – The petitioner, detained under the Act, 1988, was challenged by his mother through a habeas corpus petition - The petitioner argued that the detention order was based on false information requests (FIRs), vague allegations, and the detainee was not informed about representation rights - The respondent argued that all statutory requirements were met, the detention was necessary for public health an India Law Library Docid # 2414986
(32) THE UNION OF INDIA AND OTHERS Vs. SHRI KSHITISH CHANDRA KARMAKAR AND OTHERS[GAUHATI HIGH COURT] 14-05-2024 Constitution of India, 1950 – Article 226 - Railway authorities are contesting an order to vacate land or pay compensation to private respondents who claim illegal occupation by the railways - The main issue is whether the land was part of the land acquired by the railways in 1958 and if the private respondents have the title over it - The railway authorities argue that the land was acquired in 1958 and they have been in possession since then - The private respondents claim their land was never India Law Library Docid # 2414987
(33) RAJ SOBHAN GOSWAMI Vs. THE STATE OF ASSAM AND OTHERS[GAUHATI HIGH COURT] 14-05-2024 Stamp Act, 1899 - Section 27 –Stamp Act (Assam) (Amendment) Act, 2004 - Section 27A(1) - Undervaluation - The petitioner challenged a penalty of withholding three increments in a disciplinary proceeding, claiming procedural irregularities and contesting the merits of the allegations - The main issue was the alleged undervaluation of 15 deeds registered by the petitioner, violating Section 27A(1) of the Indian Stamp (Assam) (Amendment) Act 2004 - The petitioner argued that he was not served with India Law Library Docid # 2414988
(34) PRAFULLA GOVINDA BARUAH Vs. THE STATE OF ASSAM AND ANOTHER[GAUHATI HIGH COURT] 14-05-2024 Court Fees Act, 1870 - Article 11 of Schedule 1 (Assam Amendment) - The writ petitions challenge the constitutional validity of Article 11 of Schedule 1 of the Court Fees Act, 1870 (Assam Amendment), which imposes a 7% ad valorem court fee for grants of probate or letters of administration without an upper limit, where the value of properties exceeds Rs.5,00,000 - The Court of Appeal in India has ruled that Article 11 of Schedule 1 of the Court Fees Act, 1870 (Assam Amendment) is ultra vires to India Law Library Docid # 2414989
(35) ASHISH MANGER Vs. STATE OF SIKKIM[SIKKIM HIGH COURT] 14-05-2024 Protection of Children from Sexual Offences Act, 2012 - Sections 9(l), 9(m), 9(n) and 10 - Juvenile Justice (Care and Protection of Children) Act, 2015 - Section 9 – The appellant was convicted under the POCSO Act and sentenced to rigorous imprisonment - He contended that he was a minor at the time of the offence - The primary issue was determining the appellant's age at the time of the offence to ascertain if he was a minor, which would affect the legality of the conviction and sentence - The a India Law Library Docid # 2414991
(36) RADHEY SHYAM AGRAWAL S/ SHRI NATHU LAL AGRAWAL AND OTHERS Vs. JAIPUR DEVELOPMENT AUTHORITY, JAIPUR THROUGH ITS SECRETARY, INDIRA CIRCLE, JAIPUR (RAJ.)[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 14-05-2024 Jaipur Development Authority Act, 1982 - Sections 31 and 32 – Illegal Construction - The Jaipur Development Authority (JDA) filed a criminal complaint against three petitioners for illegal construction, claiming it was raised without JDA's permission and not removed despite notice - The petitioners argued that the construction was over 25 years old, beyond the limitation period for taking cognizance, the notice for removal was not properly served, and two petitioners were wrongfully implicated a India Law Library Docid # 2414992
(37) SUSHIL KUMAR DWIVEDI @ SONU DWIVEDI AND OTHERS Vs. STATE OF U.P.[ALLAHABAD HIGH COURT (LUCKNOW BENCH)] 14-05-2024 Arms Act, 1959 - Sections 25 and 27 - Penal Code, 1860 (IPC) – Section 302 - Murder and assault with firearms - The appeals address the validity of eyewitness accounts, the authenticity of the FIR, the credibility of a child witness, and the handling of evidence, including firearms and cartridges - The appellants question the presence of the first informant at the crime scene, suggest possible tutoring of the child witness, and raise concerns about the handling and examination of the firearms an India Law Library Docid # 2414993
(38) NEM CHAND JAIN Vs. SANJAY KUMAR JAIN AND ANOTHER[DELHI HIGH COURT] 13-05-2024 Delhi Rent Control Act, 1958 – Sections 25B(8) and 14(1)(e) – Eviction - Bona fide requirement of the property for their children's business and personal use - The tenant challenged the landlords' bona fide requirement of alternate accommodation and whether they concealed facts - The landlords argued that they had sufficient alternate accommodation and that the properties were not suitable for business purposes or were already occupied - The High Court upheld the eviction order, finding no infir India Law Library Docid # 2414912
(39) CASA 2 STAYS PVT. LTD. Vs. COMFIA ECOM PRIVATE LTD.[DELHI HIGH COURT] 13-05-2024 Micro, Small and Medium Enterprises Development Act, 2006 - The dispute arises over unpaid invoices for T-shirts supplied by the plaintiff to the defendant - The main issues are the recovery of the outstanding amount, entitlement to pre-suit interest, and whether the plaintiff is covered under the MSMED Act for interest claims - The plaintiff argued that the defendant had not paid for the T-shirts supplied and was entitled to interest under the MSMED Act due to delayed payment India Law Library Docid # 2414913
(40) RANJAN NATH AND OTHERS Vs. THE STATE OF ASSAM AND OTHERS[GAUHATI HIGH COURT] 13-05-2024 Assam Panchayat Employees (Provincialisation) Act, 1999 - Section 2 - Service Law – Pensionary Benefits - The writ petitions revolve around pensionary benefits claims by Tax Collectors who were appointed on an ad-hoc basis and later regularized - The petitioners argue that their continuous ad-hoc service against sanctioned posts should be considered for pension eligibility - The respondents argue that pension eligibility should be counted from the date of regularization, as per the Assam Service India Law Library Docid # 2414914