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(361) JOGEN SARMA @ JOGEN CHANDRA SARMA @ JOGENDRA CHANDRA SARMA Vs. DHRUBAJYOTI SARMA AND OTHERS[GAUHATI HIGH COURT] 02-05-2025
Civil Procedure Code, 1908 — Section 152 — Correction of decree — Jurisdiction — Application under Section 152 to correct decree dated 23.01.1982 by Civil Judge (Junior Division) No. 1, Darrang, the Executing Court — Lower Court correctly rejected application as it lacked jurisdiction to correct decree passed by Appellate Court
India Law Library Docid # 2426166

(362) DHRUBAJYOTI BORAH Vs. STATE OF ASSAM[GAUHATI HIGH COURT] 02-05-2025
Criminal Procedure Code, 1973 — Section 302/201 (corresponding to Sections 103/238 BNS) — Murder and Causing disappearance of evidence of offence — Circumstantial Evidence — Requirements for conviction based on circumstantial evidence are establishing an unbroken chain of circumstances leading to the only conclusion of guilt of the accused — Admissibility of extra-judicial confession made before police hit by Section 25 (corresponding to Section
India Law Library Docid # 2426167

(363) EXECUTIVE ENGINEER, WORKS DIVISION, PWD Vs. FREGRENANDO ALEX NUNES AND OTHERS[SUPREME COURT OF INDIA] 02-05-2025
Land Acquisition — Market Value — Determination — Sale exemplar method — Reliance on sale instances proximate to Section 4(1) notification — Such evidence not to be discarded without valid reason. (Para 10, 11)

B. Land Acquisition — Market Value — Determination — Sale exemplar method — Proximity in time — Sale instances 4-5 years prior to acquisition can be relied
India Law Library Docid # 2426431

(364) SAKSHI OTWANI Vs. DELHI ACADEMY OF MEDICAL SCIENCES PVT. LTD. AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 02-05-2025
Consumer Protection Act, 1986 — Section 21 — Revision Petition — Scope of judicial review — National Commission will not interfere with concurrent findings of fact by lower fora unless there is a material irregularity, perversity, or misapplication of law — Dispute concerning scholarship examination ranking and alleged deficiency in service by coaching institute — Petitioner’s grievance regarding evaluation and ranking addressed by coaching institute; no evidence presented to demonstrate superio
India Law Library Docid # 2427305

(365) M/S. COAL INDIA LIMITED Vs. COMMISSIONER OF CUSTOMS (PORT), CUSTOMS HOUSE, KOLKATA[SUPREME COURT OF INDIA] 01-05-2025
Customs Act, 1962 — Section 14 — Customs Valuation (Determination of Price of Imported Goods) Rules, 1988 — Rule 9(1)(e) — Assessable Value — Payments to Third Party (Indian Agent) — Payments made by an importer (Appellant) to an Indian agent/distributor (M/s Voltas Ltd.) of a foreign supplier, stipulated as a percentage of the FOB value and payable in addition to the price paid to the foreign supplier, are includible in the assessable value
India Law Library Docid # 2425256

(366) RAJU @ UMAKANT Vs. THE STATE OF MADHYA PRADESH[SUPREME COURT OF INDIA] 01-05-2025
Penal Code, 1860 — Sections 366, 376(2)(g), 342 — Evidence Act, 1872 — Section 114A — Rape — Testimony of Prosecutrix — Corroboration — The testimony of a prosecutrix in a sexual assault case, if found to be credible, consistent, and confidence-inspiring despite minor contradictions or variations from initial reports, is sufficient for conviction without corroboration — A victim of sexual assault is not an accomplice, and her evidence should be evaluated keeping in mind she is an interested witn
India Law Library Docid # 2425284

(367) ASHOK KUMAR JAIN Vs. THE STATE OF GUJARAT AND ANOTHER[SUPREME COURT OF INDIA] 01-05-2025
Criminal Procedure Code, 1973 — Section 482 — Quashing of FIR — Commercial Disputes — Abuse of Process — The inherent power under S. 482 CrPC to quash an FIR should be exercised sparingly and cautiously — While the court cannot embark upon an enquiry into the reliability of FIR allegations at this stage, where the FIR itself, read with undisputed documents related to the transaction, clearly points towards a dispute primarily of a civil nature (like non-payment in a commercial transaction involv
India Law Library Docid # 2425285

(368) DINESH D PANCHAL AND OTHERS Vs. UNION OF INDIA AND OTHERS[SUPREME COURT OF INDIA] 01-05-2025
Service Law — Railways — Seniority — Absorption of Surplus Staff — Indian Railway Establishment Manual (IREM), Para 313A — Railway Board Circular No. RE 106/2004 dated 26.06.2004 — Upon redeployment or absorption into a new unit/department due to being rendered surplus, Railway employees are treated as fresh entrants in the matter of seniority under Para 313A of IREM (introduced via Circular dated 26.06.2004) — They are not entitled to the benefit of past service rendered in the previous unit fo
India Law Library Docid # 2425286

(369) R. RANJITH SINGH AND OTHERS Vs. THE STATE OF TAMIL NADU AND OTHERS[SUPREME COURT OF INDIA] 01-05-2025
Service Law — Seniority — Direct Recruitment — Inter-se Seniority between Open Market Candidates and Departmental Candidates selected through same process — Basis of Seniority — Merit vs. Source — Constitution of India — Articles 14, 16 & 21 — Where recruitment to a post is made through a common direct recruitment process (including a common examination) involving candidates from the open
India Law Library Docid # 2425319

(370) RAJU Vs. THE STATE OF RAJASTHAN[RAJASTHAN HIGH COURT] 01-05-2025
Penal Code, 1860 — Sections 306 & 107 — Abetment of Suicide — Essential Ingredients — Proof Required — Mens Rea & Proximate Link — To establish the offence of abetment of suicide under Section 306 IPC, the prosecution must prove beyond reasonable doubt that the accused committed a positive act of instigation or intentionally aided the commission of suicide, as defined under Section 107 IPC — This requires demonstrating a clear mens rea (intention) to drive the deceased to suicide — Mere allegati
India Law Library Docid # 2425467

(371) AJAY RAJ SHETTY Vs. DIRECTOR AND ANOTHER[SUPREME COURT OF INDIA] 01-05-2025
Probation of Offenders Act, 1958 — Section 4 — Release on Probation — Mandatory Duty of Court to Consider — Discretion and Recording of Reasons: While an offender cannot seek release on probation under Section 4 of the Probation of Offenders Act, 1958, as a matter of right, a mandatory duty is cast upon the court to consider whether the case warrants releasing the offender on probation if the circumstances stated in subsection (1) of Section 4 are attracted and applicability is not excluded; if
India Law Library Docid # 2425506

(372) ROOP SINGH ALAWA Vs. STATE OF MADHYA PRADESH AND ANOTHER[MADHYA PRADESH HIGH COURT] 01-05-2025
Judicial Discipline — Grant of Bail by Sessions Judge Despite High Court Rejection — Error of Judgment vs. Misconduct — Granting bail by a Sessions Judge to an accused whose successive bail applications were previously rejected or withdrawn before the High Court may constitute an error of judgment, especially if there was an earlier High Court order granting liberty to the trial court to consider bail after a certain period — If the Enquiry Officer finds no corrupt motive or extraneous considera
India Law Library Docid # 2425577

(373) SONAL SAXENA Vs. RITESH SAXNEA[MADHYA PRADESH HIGH COURT (GWALIOR BENCH)] 01-05-2025
Civil Procedure Code, 1908 — Order 9 Rule 13 — Setting Aside Ex-parte Decree — Grounds — Second Proviso Applicability — An application under Order 9 Rule 13 CPC for setting aside an ex-parte decree can be filed on two grounds — (i) summons not duly served, or (ii) defendant was prevented by sufficient cause from appearing — The second proviso to Order 9 Rule 13 (barring setting aside merely for irregularity in service if defendant had notice and sufficient time) applies only to the first ground
India Law Library Docid # 2425578

(374) ZILE SINGH Vs. RAJWANTI AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 01-05-2025
Civil Procedure Code, 1908 — Section 151 & Limitation Act, 1963 — Section 5 — Condonation of delay in refiling appeal — Delay of 800 days — Application for condonation dismissed as reasons cited (clerk inadvertently placed brief among decided cases, counsel overlooked due to work pressure) were vague, general, and did not constitute sufficient cause for extraordinary and inordinate delay — Established law that delay of each day must be explained.
India Law Library Docid # 2425616

(375) SMT. REETA AND OTHERS Vs. MALA RAM AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 01-05-2025
Motor Vehicles Act, 1988 — Section 166 — Claim petition for death — Enhancement of compensation — Conventional Heads — Where Tribunal awarded Rs.30,21,760/- as total compensation, including Rs.74,000/- under conventional heads (loss of estate, love and affection, funeral expenses), and claimants sought enhancement only under conventional heads, relying on Supreme Court judgments in Shri Ram General Insurance ( Rs. 77,000/- max) and other cases allowing up to 5% variation, held, appeal dismissed
India Law Library Docid # 2425617

(376) PUNJAB & SIND BANK Vs. PRESIDING OFFICER, CENTRAL GOVT. INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT, CHANDIGARH AND ANOTHER[PUNJAB AND HARYANA HIGH COURT] 01-05-2025
Industrial Disputes Act, 1947 — Termination of service vs. Abandonment of job — Clerk-cum-Cashier in bank overstayed ex-India leave, joined briefly, then again remained absent for long period despite notices to rejoin, indicating no interest in performing duties and intention to abandon job (having left for America for greener pastures) — Labour Court’s award directing reinstatement with continuity but without back wages, on ground that termination was bad for want of enquiry and retrenchment co
India Law Library Docid # 2425618

(377) SRINIVAS RAO NAIDU AND OTHERS Vs. HIGH COURT OF CHHATTISGARH AND OTHERS[CHHATTISGARH HIGH COURT] 01-05-2025
Chhattisgarh Civil Services (General Condition of Service) Rules, 1961 — Rule 12(2)(C) — Amendment and Interpretation — Seniority upon Absorption — Deputationists absorbed in the High Court establishment after prior regular service in the parent department (District Court establishment) — Amended rule provides for counting seniority from the date of holding the same or equivalent grade on regular basis in the parent department OR the date of holding the post on deputation, whichever is earlier —
India Law Library Docid # 2425695

(378) THE ORIENTAL INSURANCE COMPANY LIMITED AND OTHERS Vs. SMT. RURHI BAI AND OTHERS[CHHATTISGARH HIGH COURT] 01-05-2025
Motor Vehicles Act, 1988 — Section 166 — Claim for compensation — Death in vehicular accident — Assessment of income — Deceased earning by labour works — Tribunal assessing income on notional basis lacking cogent evidence — Minimum Wages provisions for unskilled labourers applicable — Deceased’s monthly income safely inferred from minimum wages — Tribunal’s assessment on lower side erroneous.
India Law Library Docid # 2425696

(379) SHREEMANTHULA KUMARASWAMY Vs. PUNJAB NATIONAL BANK AND OTHERS[CHHATTISGARH HIGH COURT] 01-05-2025
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 — Section 13(2) — Notice — Service of — Allegation of lack of proper service of notice under Section 13(2) leading to unawareness of account classification as NPA and entire proceedings — Whether non-service of notice invalidates subsequent proceedings.
India Law Library Docid # 2425697

(380) SMT. P. KAVITA MURTI (NOW SMT. KAVITA SANDHU) Vs. P. VENKATRAMAN MURTI[CHHATTISGARH HIGH COURT] 01-05-2025
Criminal Procedure Code, 1973 — Section 378(4) — Acquittal Appeal — Reversal of Acquittal — Standard of Review — Appellate Court’s power to interfere with acquittal findings where based on perverse appraisal of evidence, overlooking vital materials, or drawing conclusions contrary to established facts — Case involves acquittal under Sections 405 and 406 IPC (Criminal Breach of Trust) for misappropriation of Stridhan
India Law Library Docid # 2425698