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(121) PADMAN BIBHAR Vs. STATE OF ODISHA[SUPREME COURT OF INDIA] 21-05-2025
Criminal Law — Circumstantial Evidence — Burden of proof — Prosecution must prove each circumstance cumulatively forming a complete chain leaving no doubt that the crime was committed by the accused alone — Facts proved must unerringly point towards the accused’s guilt.
India Law Library Docid # 2425927

(122) SURAJ NARAYAN KHATORIYA Vs. STATE OF RAJASTHAN AND OTHERS[SUPREME COURT OF INDIA] 21-05-2025
Criminal Procedure Code, 1973 — Section 482 — Quashing of FIR/Criminal Proceedings — Defence plea — Ordinarily not considered at the stage of quashing — Court required to consider allegations at face value — If allegations disclose cognizable offence, investigation must proceed — Subsequent police report/charge sheet can be challenged or discharge sought
India Law Library Docid # 2426043

(123) PROSANTA BORA Vs. STATE OF ASSAM[GAUHATI HIGH COURT] 21-05-2025
Criminal Procedure Code, 1973 — Section 374(2) — Appeal against conviction — Penal Code, 1860 — Section 417 — Cheating — Promise of marriage — Consent to sexual intercourse — Validity of consent under misconception of fact — Applicability of Section 90 IPC — Distinction between false promise and mere breach of promise — Requirements for conviction under Section 417 IPC — Fact that
India Law Library Docid # 2426130

(124) NAGAM JANARDHAN REDDY Vs. STATE OF TELANGANA AND OTHERS[SUPREME COURT OF INDIA] 21-05-2025
Writ Petition — Public Interest Litigation (PIL) — Maintainability — Successive PILs on the same project — Earlier PILs challenging various stages of the project already disposed of — Belated PIL filed after substantial completion of project — Can be challenged on grounds of constructive res judicata and suppression of material facts
India Law Library Docid # 2426257

(125) MS. SABITA RASTOGI Vs. INDIAN SPINAL INJURIES CENTRE[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 21-05-2025
Consumer Protection Act, 1986 — Section 21 — Medical Negligence — Standard of Care — Hallux Valgus Correction Surgery — Complaint alleging medical negligence and deficiency in service against hospital and orthopaedic surgeon for permanent damage to left foot and second toe after bunion deformity surgery — Complainant argued that the second toe deformity was a direct result of negligent surgery and inadequate post-operative care, procedural lapses like incorrect blood group documentation, hurried
India Law Library Docid # 2427312

(126) SUNEEL SINGH Vs. NISAT HOSPITAL[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 21-05-2025
Consumer Protection Act, 1986 — Section 2(1)(g) — Deficiency in Service — Medical Negligence — Hospital’s Liability — A hospital is responsible for the negligent actions of its doctors, whether employed or on contract. If a hospital fails in its duties through its doctors, it must justify its actions.
India Law Library Docid # 2427313

(127) K. H. KAMALADINI Vs. STATE[SUPREME COURT OF INDIA] 20-05-2025
Criminal Procedure Code, 1973 — Section 226 — Discharge — Scope of Inquiry — At the stage of framing charge, the Court is permitted to examine only documents forming part of the chargesheet, not other material
India Law Library Docid # 2425902

(128) A.M. KULSHRESTHA Vs. UNION BANK OF INDIA AND OTHERS[SUPREME COURT OF INDIA] 20-05-2025
Constitution of India — Article 226 — Writ Jurisdiction — Scope of Interference — Disciplinary proceedings — Challenge to charge sheet — Quashing of charge sheet — High Court’s power to interfere at interlocutory stage — While generally High Court ought not interfere at investigation or inquiry stage, exceptions exist where allegations or circumstances render process abuse of law or patently unjust — Malice, arbitrariness, and violation of admitted mandatory procedure are grounds for interventio
India Law Library Docid # 2425903

(129) SHITAL FIBERS LIMITED Vs. COMMISSIONER OF INCOME TAX[SUPREME COURT OF INDIA] 20-05-2025
Income Tax Act, 1961 — Section 80-IA(9) — Deduction in respect of profits and gains from industrial undertakings or enterprises engaged in infrastructure development etc. — Restriction on double deduction — Plain reading of Sub-section (9) indicates that where deduction is claimed and allowed under Section 80-IA, deduction to the extent of such profits and gains shall not be allowed under any other provision under heading ‘C’ of Chapter VI-A — Restriction does
India Law Library Docid # 2425904

(130) S. JANAKI IYER Vs. UNION OF INDIA AND OTHERS[SUPREME COURT OF INDIA] 20-05-2025
Central Civil Services (Classification, Control and Appeal) Rules, 1965 — Departmental Inquiry — Dismissal from Service — Challenge to — Violation of principles of natural justice — Non-supply of preliminary inquiry report — Allegation that chargesheet is vague — Allegation of inordinate delay in inquiry proceedings — Non-supply of requested documents
India Law Library Docid # 2425905

(131) RAMPAT AZAD (R.P. AZAD) Vs. UNION OF INDIA AND OTHERS[SUPREME COURT OF INDIA] 20-05-2025
Service Law – Appointment – Junior Field Officer (JFO) – Initial appointment as Group B, Non-Gazetted JFO in the pay scale of Rs. 550-900 (pre-revised) under a temporary plan scheme on ad-hoc basis, without claim to regular appointment. (Para 2)

B. Service Law – Redesignation and Downgrading – Junior
India Law Library Docid # 2425906

(132) SMT. SHAIFALI GUPTA Vs. SMT. VIDYA DEVI GUPTA AND OTHERS[SUPREME COURT OF INDIA] 20-05-2025
Civil Procedure Code, 1908 — Order 7 Rule 11 — Rejection of plaint — Maintainability of suit — Challenged on grounds of Benami Transaction (Prohibition) Act, 1988 and Hindu Succession Act, 1956 — Application moved by subsequent purchasers, not principal defendants — Principle: For rejecting a plaint under Order VII Rule 11(d), it must appear demonstrably without doubt or dispute from the plaint averments that the suit is barred by statute — If maintainability depends on disputed questions of fac
India Law Library Docid # 2425907

(133) RAMJI PRASAD JAISWAL @ RAMJEE PRASAD JAISWAL AND OTHERS Vs. STATE OF BIHAR[SUPREME COURT OF INDIA] 20-05-2025
Criminal Law — Trial — Examination of accused u/s 313 CrPC — Purpose — Essential for accused to explain incriminating circumstances — Failure to put specific, material incriminating evidence to accused in u/s 313 examination is a serious irregularity — Non-compliance with u/s 313 causes serious prejudice unless non-compliance does not result in miscarriage of justice — Courts must ordinarily exclude from consideration material circumstances not put
India Law Library Docid # 2425908

(134) RAJNI Vs. STATE OF UTTAR PRADESH AND ANOTHER[SUPREME COURT OF INDIA] 20-05-2025
Juvenile Justice (Care and Protection of Children) Act, 2015 — Section 2(33), 15, 18(3), 19(1), 94(2) & (3), 111(1) — Juvenile Justice (Care and Protection of Children) Rules, 2007 — Rule 12(3) — Presumption and determination of age — Procedure for age determination under Section 94(2) JJ Act, 2015 (similar to Rule 12(3) JJ Rules, 2007) mandates reliance on specified documentary evidence (school certificate/matriculation, then birth
India Law Library Docid # 2425909

(135) ALL INDIA JUDGES ASSOCIATION AND OTHERS Vs. UNION OF INDIA AND OTHERS[SUPREME COURT OF INDIA] 20-05-2025
Judicial Service — Higher Judicial Service — Promotion — Limited Departmental Competitive Examination (LDCE) — Quota increase — Historical evolution — Initially 25% quota for LDCE based on Shetty Commission recommendations and Third AIJA Case — Reduced to 10% in Fourth AIJA Case due to unfilled vacancies and lack of sufficient eligible candidates — Restoring LDCE quota to 25% will incentivize meritorious Civil Judges (Senior Division) for accelerated promotion; provided unfilled seats revert to
India Law Library Docid # 2425910

(136) BIJOY KRISHNA Vs. STATE OF ASSAM[GAUHATI HIGH COURT] 20-05-2025
Criminal Procedure Code, 1973 — Section 383 — Appeal from Jail — Section 302 — Penal Code, 1860 — Murder — Circumstantial Evidence — Last Seen Theory — Non-examination of Material Witness — Hearsay Evidence — Failure to Establish Chain of Circumstances — Benefit of Doubt. The appellant’s conviction under Section 302 IPC based on circumstantial evidence, including the “last seen theory,” is challenged. The prosecution relied on witnesses whose testimony was
India Law Library Docid # 2426129

(137) UNION OF INDIA AND OTHERS Vs. MEGHA TECHNICAL AND ENGINEERS PVT. LTD.[SUPREME COURT OF INDIA] 20-05-2025
Railways — Penal Freight — Excess Weightage — Imposition without hearing — High Court's view that opportunity of hearing mandatory before imposing penalty for excess weightage is not in conformity with settled principles — Practical difficulties in conducting mini-trial at offloading site
India Law Library Docid # 2426250

(138) UNION OF INDIA AND OTHERS Vs. NO.900224364 CONST/G.D. JAGESHWAR SINGH[SUPREME COURT OF INDIA] 20-05-2025
Indo Tibetan Border Police Act, 1992 — Section 11 — Misconduct by Constable — Robbery of cash entrusted for protection — Severity of misconduct in disciplined force — Constable on sentry duty guarding cash box containing significant funds for disbursement to Coy personnel — Alleged act of breaking open Kote lock, taking cash, concealing box, and absconding — Incident reported, FIR filed, Court of Enquiry conducted — Guilt established based on multiplicity
India Law Library Docid # 2426251

(139) UNION OF INDIA AND OTHERS Vs. KESANG DORJEE AND OTHERS[SUPREME COURT OF INDIA] 20-05-2025
Requisitioning and Acquisition of Immovable Property Act, 1952 — Section 3 — Requisition of Property — Public Purpose — Indian Army taking possession of land near Line of Actual Control for public purpose of the Union — Possession taken in purported exercise of powers under Section 3 of the Act, which allows requisition for necessary public purposes. (Paras 3, 7, 13)

B. Requisitioning and Acquisition of Immovable Property Act, 1952 — Section 4 — Taking Physical Possession — Authority vested wi
India Law Library Docid # 2426253

(140) WE THE WOMEN OF INDIA Vs. UNION OF INDIA AND OTHERS[SUPREME COURT OF INDIA] 20-05-2025
Protection of Women from Domestic Violence Act, 2005 — Objectives and Constitutional Basis — Enacted to provide effective protection to women victims of domestic violence, furthering the rights guaranteed under the Constitution, particularly Article 15(3) for the protection of women.
India Law Library Docid # 2426258