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(221) 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

(222) 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

(223) 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

(224) 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

(225) 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

(226) 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

(227) 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

(228) 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

(229) 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

(230) 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

(231) 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

(232) 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

(233) UNION OF INDIA AND OTHERS Vs. MEGHA TECHNICAL AND ENGINEERS PVT. LTD.[SUPREME COURT OF INDIA] 20-05-2025
Railways Act, 1989 — Penal Freight — Excess Weight — Requirement of Hearing — Full Bench of High Court holding prior hearing is mandatory before imposing penal freight for excess weight detected on off-loading challenged — Subsequent compliance by Railways and appropriation of deposited penalty amount render the specific case academic, but general issue of conflicting High Court views remain
India Law Library Docid # 2426443

(234) UNION OF INDIA AND OTHERS Vs. NO.900224364 CONST/G.D. JAGESHWAR SINGH[SUPREME COURT OF INDIA] 20-05-2025
Service Law — Dismissal from service — Para Military Force — Insensitive Border Area — Sentry Duty — Theft of cash from guarded cash box — Gross misconduct involving moral turpitude — Proportionality of punishment — Principle of proportionality is embedded in constitutionalism (Arts. 14, 16, 21) and forbids arbitrary, vengeful
India Law Library Docid # 2426444

(235) DR. (MRS) ANURADHA GUPTA Vs. STATE OF M.P. AND OTHERS[MADHYA PRADESH HIGH COURT (GWALIOR BENCH)] 20-05-2025
Writ of Quo Warranto — Appointment — Eligibility vs. Suitability — A writ of quo warranto lies when an appointment is contrary to statutory provisions; it cannot be used to assess a candidate’s suitability.
India Law Library Docid # 2427772

(236) LT.KARNEL CHANDRA KUMAR KICHLU (DELETED) AND OTHERS Vs. MUNICIPAL CORPORATION GWALIOR[MADHYA PRADESH HIGH COURT (GWALIOR BENCH)] 20-05-2025
Civil Procedure Code, 1908 — Order 7 Rule 11(b) — Rejection of plaint — Non-valuation or deficient court fee in appeal — Curable defect — An appeal cannot be dismissed solely for improper valuation or deficit court fee, especially if the objection is raised late, as this is a curable defect and the appellant should be given an opportunity to rectify it.
India Law Library Docid # 2427773

(237) M/S PATANJALI FOODS LIMITED (FORMERLY KNOWN AS M/S RUCHI SOYA INDUSTRIES LTD.) Vs. UNION OF INDIA AND OTHERS[SUPREME COURT OF INDIA] 19-05-2025
Customs Act, 1962 — Section 14(2) — Tariff Value — Notification — Applicability — Dispute arising from import of crude degummed soyabean oil and requirement to pay higher customs duty based on tariff value fixed under Section 14(2) — Contention that relevant notification was not in effect at time of import — High Court initially dismissed challenge to notification and date of effect
India Law Library Docid # 2425836

(238) ROFIQUL HOQUE Vs. THE UNION OF INDIA AND OTHERS[SUPREME COURT OF INDIA] 19-05-2025
Foreigners Act, 1946 — Section 9 — Burden of Proof — Citizenship — Proceedings before Foreigners Tribunal — Allegations that appellant is a foreigner illegally residing in Assam — Burden on proceedee to prove by cogent documents or evidence that they or their ancestors entered India prior to 25.03.1971.
India Law Library Docid # 2425837

(239) GOPAL DIKSHIT Vs. UNITED INDIA INSURANCE COMPANY LTD.[SUPREME COURT OF INDIA] 19-05-2025
Consumer Protection Act, 1986 — Section 23 — Appeal against NCDRC order dismissing complaint — House Holder Insurance Policy — Claim for damage due to basement flooding — Repudiation based on “seepage” not being a covered peril — Appellant contends damage due to heavy rain and flooding, a covered peril — Distinction between “seepage” and “flooding” due to heavy rain is crucial — First survey report and expert certificates attribute damage to heavy rainfall and flooding — Second, belated survey r
India Law Library Docid # 2425838

(240) SHIVAPPA REDDY Vs. S. SRINIVASAN[SUPREME COURT OF INDIA] 19-05-2025
Negotiable Instruments Act, 1881 — Section 138 — Dishonour of cheque — Partnership Firm — Liability of Ex-Partner — Retirement — For a registered firm, public notice of retirement under Section 72 of Partnership Act must be given to the Registrar of Firms and by publication in the Official Gazette and a vernacular newspaper — Mere agreement or resignation deed insufficient for discharging ex-partner’s liability unless registered and published — Cheques issued after claimed retirement but before
India Law Library Docid # 2425839