(581) DR. JAYSHREE DUBEY Vs. CENTRAL INFORMATION COMMISSIONER AND OTHERS[MADHYA PRADESH HIGH COURT] 03-04-2025 Right to Information Act, 2005 — Section 8(1)(j) — Personal Information — Public Activity — Appointment to Public Office — Qualifications and Experience — Information regarding educational qualifications, technical qualifications, experience certificates, appointment details (including salary, relieving letters, enquiry reports, applications of other candidates) submitted for selection and appointment to a public office (such as Associate Professor/Professor in a public institution like the Indi India Law Library Docid # 2425454
(582) RADHESHYAM Vs. ARVIND KUMAR AND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 03-04-2025 Civil Procedure Code, 1908 — Section 100 — Second Appeal — Scope of Interference — Concurrent Findings of Fact — The High Court, in exercising jurisdiction under Section 100 CPC, cannot interfere with concurrent findings of fact recorded by the trial court and the first appellate court unless such findings are shown to be perverse, based on no evidence, contrary to pleadings or evidence, or against mandatory provisions of law — Mere appreciation of facts, documentary evidence, or interpretation India Law Library Docid # 2425455
(583) LALAN GOND Vs. UNION OF INDIA AND OTHERS[MADHYA PRADESH HIGH COURT] 03-04-2025 Land Acquisition — Coal Bearing Areas (Acquisition and Development) Act, 1957 (CBA Act) and Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (RR Act 2013) — Demarcation of Applicability for Acquisition of Coal Bearing Land — The CBA Act 1957 is the statutory framework for the acquisition of coal bearing land specifically by the Central Government, with such land potentially vesting subsequently in Government Companies — This Act is not de India Law Library Docid # 2425456
(584) MAUKAM SINGH AND OTHERS Vs. STATE OF MADHYA PRADESH[SUPREME COURT OF INDIA] 02-04-2025 Penal Code, 1860 — Sections 302, 323, 324 read with Section 34 — Murder, Voluntarily causing hurt — Appeal against concurrent conviction — Assessment of evidence — Dispute over land leading to accused, armed with deadly weapons (axe, cutting weapon), trespassing into the deceased's house — Scuffle ensuing, resulting in fatal head injury to the deceased (grandfather) and injuries to three grandchildren (PW1-3) — Deceased succumbing to injuries after 25 days — Appellants convicted by Trial Court a India Law Library Docid # 2424193
(585) SMT. UMA DEVI AND OTHERS Vs. SRI. ANAND KUMAR AND OTHERS[SUPREME COURT OF INDIA] 02-04-2025 Civil Procedure Code, 1908 — Order 7 Rule 11(a) & (d) — Rejection of Plaint — Cause of Action — Barred by Law (Limitation) — Application for rejection of plaint in a suit for partition — Suit filed in 2023 claiming partition of ancestral property — Defendants contended prior oral partition/family settlement in 1968, evidenced by revenue record mutations, and subsequent registered sale deeds by family members (including plaintiffs' predecessors) starting 1978 — Averments in the plaint must be rea India Law Library Docid # 2424194
(586) VINAY AGGARWAL Vs. THE STATE OF HARYANA AND OTHERS[SUPREME COURT OF INDIA] 02-04-2025 Criminal Procedure Code, 1908 — Section 482 — Investigation — Transfer to Central Bureau of Investigation (CBI) — Exercise of Power by High Court — Power of Courts (High Courts) to transfer investigation to CBI is an extraordinary power, derived from constitutional provisions, not limited by the Delhi Special Police Establishment Act, 1946 — Such power must be exercised sparingly, cautiously, and only in exceptional circumstances — Transfer should not be ordered routinely or merely because a par India Law Library Docid # 2424195
(587) THE MANAGEMENT OF WORTH TRUST Vs. THE SECRETARY, WORTH TRUST WORKERS UNION[SUPREME COURT OF INDIA] 02-04-2025 Payment of Bonus Act, 1965 — Section 1(3)(a), 2(17) read with Factories Act, 1948 — Section 2(m) — Applicability — Factories run by Charitable Trust — The Payment of Bonus Act, 1965 applies to every ‘factory’ as defined under Section 2(m) of the Factories Act, 1948 — Where a Trust, initially established for charitable purposes (rehabilitation of handicapped persons), diversifies its activities and operates distinct units engaged in commercial manufacturing (automobile parts, industrial machinery India Law Library Docid # 2424196
(588) ASHOK SINGH Vs. STATE OF UTTAR PRADESH AND ANOTHER[SUPREME COURT OF INDIA] 02-04-2025 Negotiable Instruments Act, 1881 — Sections 118 and 139 — Presumption — Rebuttal — Burden of Proof — In a prosecution under Section 138, once the complainant establishes the foundational facts (issuance of cheque signed by accused, presentation, dishonour, statutory notice), presumptions under Sections 118 and 139 arise favouring the existence of a legally enforceable debt or liability — The burden then shifts to the accused to rebut these presumptions by raising a probable defence — A mere ora India Law Library Docid # 2424197
(589) MANISH Vs. STATE OF MAHARASHTRA AND ANOTHER[SUPREME COURT OF INDIA] 02-04-2025 Penal Code, 1860 — Section 415, 420 — Cheating — Breach of Contract vs. Criminal Offence — Dishonest Intention at Inception — To establish the offence of cheating under Section 415 IPC, punishable under Section 420 IPC, the prosecution must demonstrate the existence of a fraudulent or dishonest intention on the part of the accused at the very inception of the transaction — A mere subsequent failure to fulfil a promise, honour a commitment, or repay dues arising from a commercial transaction (lik India Law Library Docid # 2424198
(590) M/S FERRO CONCRETE CONSTRUCTION (INDIA) PVT. LTD. Vs. THE STATE OF RAJASTHAN[SUPREME COURT OF INDIA] 02-04-2025 Arbitration Act, 1940 — Interest — Pendente Lite Interest — Arbitrator's Power — Contractual Bar — Under the Arbitration Act, 1940, an arbitrator possesses the inherent power to award pendente lite interest (interest for the period from the date of entering reference until the date of the award) unless there is an express and specific contractual provision that explicitly excludes the arbitrator's jurisdiction to award such interest — The interpretation of contractual clauses under the 1940 Act India Law Library Docid # 2424199
(591) THE SUPERINTENDING ENGINEER, OPERATION, TELANGANA STATE SOUTHERN POWER DISTRIBUTION COMPANY LTD. AND OTHERS Vs. CH. BHASKARA CHARY[SUPREME COURT OF INDIA] 02-04-2025 Service Law — Appointment — Consideration for Appointment — Parity Principle — Appointment of Juniors — Where persons lower in merit/seniority, as per a list prepared under a specific recruitment policy (based on factors like man-days served or date of engagement), have been appointed (including pursuant to court directions, even after the policy's formal withdrawal), a candidate admittedly higher on the same list is entitled to have their case considered for appointment on par with those junior India Law Library Docid # 2424200
(592) THE GENERAL MANAGER BUSINESS NETWORK PLANNING (RETAIL) BHARAT PETROLEUM CORPORATION LIMITED AND ANOTHER Vs. P. SOUNDARYA[SUPREME COURT OF INDIA] 02-04-2025 Administrative Law — Public Sector Undertakings (PSUs) — Selection Process — Retail Outlet Dealership — Adherence to Guidelines and Application Terms — Selection for retail outlet dealerships by PSUs like BPCL must strictly adhere to the terms and conditions laid down in the advertisement and selection guidelines — Where guidelines require applicants to declare their category in the application form, supported by specific documentation and undertakings, the selection process must proceed based s India Law Library Docid # 2424201
(593) JOMON K.K. Vs. SHAJIMON P. AND OTHERS ETC[SUPREME COURT OF INDIA] 02-04-2025 Service Law — Recruitment — Essential Qualifications — Specific Licence Required vs. Different/Higher Licence Held — Effect of Statutory Rules — Where statutory rules (Kerala State Water Transport Subordinate Service (Operating Wing) Special Rules, 1975, R. 6) explicitly prescribe possession of a "current Lascar's licence" as the essential qualification for appointment to the post of Lascar, a candidate holding only a Syrang's licence (even if considered superior or requiring a Lascar's licence India Law Library Docid # 2424202
(594) BIHAR RAJYA DAFADAR CHAUKIDAR PANCHAYAT (MAGADH DIVISION) Vs. STATE OF BIHAR AND OTHERS[SUPREME COURT OF INDIA] 02-04-2025 Constitution of India — Articles 14 & 16 — Public Employment — Equality of Opportunity — Hereditary Appointments/Appointments based on Descent — Appointment to public service based on descent or hereditary claims, such as a rule permitting a retiring employee (Chaukidar) to nominate a dependent kin for appointment in his place, violates the fundamental rights to equality of opportunity guaranteed under Articles 14 and 16 of the Constitution — Such practices are archaic, constitutionally impermis India Law Library Docid # 2424251
(595) SHREE P. A. PAREKH AND ANOTHER Vs. MAHARASHTRA POLLUTION CONTROL BOARD AND ANOTHER[BOMBAY HIGH COURT] 02-04-2025 Water (Prevention and Control of Pollution) Act, 1974 — Section 21 — Procedure for Taking Effluent Samples — Mandatory Requirements — Section 21 of the Water Act lays down a mandatory procedure for taking effluent samples for analysis, which includes serving notice, dividing the sample into two parts in the presence of the occupier/agent, sealing and marking both parts, sending one part to the prescribed Board laboratory, and, importantly, sending the second part to a laboratory specified under India Law Library Docid # 2424300
(596) RANGRAO MAHADU PETHKAR (DECEASED, THROUGH HEIR & LR) Vs. SADASHIV MARUTI VIBHUTE (SINCE DECEASED THROUGH HEIRS AND L.RS.) AND OTHERS[BOMBAY HIGH COURT] 02-04-2025 Maharashtra Tenancy and Agricultural Lands Act, 1948 — Sections 14, 43A & Notification thereunder — Termination of Tenancy for Sugarcane Cultivation — For agricultural lands leased out for sugarcane cultivation, governed by Section 43A of the Tenancy Act, the termination of tenancy due to default in payment of rent requires compliance with the procedure specified in the Notification issued under Section 43A(3), read with Section 14 — This involves the landlord giving the tenant three months’ wri India Law Library Docid # 2424276
(597) JUNED @ JISHAN Vs. STATE OF MAHARASHTRA AND OTHERS[BOMBAY HIGH COURT (NAGPUR BENCH)] 02-04-2025 Penal Code, 1860 — Section 376 — Evidence Act, 1872 — Section 114, Illustration (b) — Appreciation of Evidence — Testimony of Rape Victim — The testimony of a victim of sexual assault is accorded significant weight, comparable to that of an injured witness — Corroboration is not an indispensable requirement for conviction if her evidence inspires confidence and is found reliable — The court must evaluate her testimony with sensitivity, mindful that she is a victim, not an accomplice — Minor cont India Law Library Docid # 2424310
(598) SHRI. MASAIDEVI VIVIDH KARYAKARI SAHAKARI SEVA SANSTHA MARYADIT WAREWADI Vs. THE STATE OF MAHARASHTRA AND OTHERS[SUPREME COURT OF INDIA] 02-04-2025 Maharashtra Co-operative Societies Act, 1960 — Sections 4 & 6 — Economic Viability — Pre-requisite for Registration — A conjoint reading of the proviso to Section 4 and Section 6(1) of the Maharashtra Co-operative Societies Act, 1960, makes it clear that economic viability is a fundamental pre-requisite and basic condition for the grant of registration to a new Primary Agricultural Credit Co-operative Society (PACCS) — No society shall be registered if it is likely to be India Law Library Docid # 2424337
(599) SMT. UMA DEVI AND OTHERS Vs. SRI. ANAND KUMAR AND OTHERS[SUPREME COURT OF INDIA] 02-04-2025 Civil Procedure Code, 1908 — Order 7 Rule 11(d) — Rejection of Plaint — Barred by Limitation — A plaint can and should be rejected under Order 7 Rule 11(d) CPC if, upon a meaningful reading of the plaint itself, it is evident that the suit is hopelessly barred by limitation While limitation is often a mixed question of law and fact, where the plaint’s averments, read with documents relied upon and judicially noticeable facts (like revenue records indicating prior partition and registered sale d India Law Library Docid # 2424338
(600) AZAM KHAN Vs. DIVISIONAL COMMISSIONER FAIZABAD AND OTHERS[SUPREME COURT OF INDIA] 02-04-2025 Auction Sale — Setting Aside — Refund to Purchaser — Statutory Compensation vs. Equity — U.P. Zamindari Abolition and Land Reforms Rules, 1952 — Rule 285L — Rule 285L, providing for refund of purchase money plus up to 5% compensation when an auction sale is set aside, may not provide adequate recompense to an auction purchaser, especially when the sale is set aside after a very long period (28 years) India Law Library Docid # 2424530