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(61) INDRA AND OTHERS Vs. JAGDISH CHANDRA AND OTHERS[RAJASTHAN HIGH COURT] 29-04-2025
Motor Vehicles Act, 1988 — Section 166 & 168 — Compensation — Death of Student (MBBS) — Assessment of Notional Income — Future Prospects — When assessing compensation for the death of a young, meritorious student pursuing a professional course like MBBS, Tribunals must adopt a realistic, holistic, and just approach, moving beyond rigid arithmetical calculations or minimum wage standards — The assessment should factor in the deceased’s high academic achievements (like clearing competitive exams l
India Law Library Docid # 2425423

(62) SATPAL SINGH Vs. UNION OF INDIA AND OTHERS[RAJASTHAN HIGH COURT] 29-04-2025
Border Security Force Act, 1968 — Section 11(2) — Border Security Force Rules, 1969 — Rules 17, 22 & 177 — Dismissal vs. Termination — Interpretation of Rule 22 — Show Cause Notice — A critical distinction exists between ‘termination of service’ (a broader, potentially non-punitive cessation) and ‘dismissal from service’ (a punitive penalty for misconduct barring future government employment and pension) — Rule 22(1) of the BSF Rules, 1969, explicitly provides for issuing a show cause notice whe
India Law Library Docid # 2425424

(63) GIRIRAJ PRASAD SHARMA Vs. STATE OF RAJASTHAN[RAJASTHAN HIGH COURT] 29-04-2025
Service Law — Regularization of Services — Irregular vs. Illegal Appointments — Interpretation of Uma Devi Judgment — Legitimate Expectation — Articles 14 & 21, Constitution of India — Employees who have rendered long and continuous service (10-30 years) on various posts, whose initial appointments were irregular but not illegal (including ad-hoc, part-time, or without formal appointment letters, but against sanctioned posts), and who completed ten years of service on or before 08.07.2009 (the d
India Law Library Docid # 2425464

(64) AMIT Vs. SHRI GANESH RAJ BANSAL AND OTHERS[RAJASTHAN HIGH COURT] 29-04-2025
Representation of the People Act, 1951 — Sections 81, 83, 87 & 100 — Civil Procedure Code, 1908 — Order VII Rule 11 — Election Petition — Rejection at Threshold — Requirement of Material Facts and Cause of Action — An Election Petition, being a statutory right and governed by the self-contained code of the RP Act, must strictly comply with Sections 81 and 83 thereof — It must contain a concise statement of all material facts on which the petitioner relies to establish the grounds under Section 1
India Law Library Docid # 2425465

(65) STATE OF RAJASTHAN AND OTHERS Vs. BHIYA RAM VISHNOI[RAJASTHAN HIGH COURT] 29-04-2025
Civil Procedure Code, 1908 — Order 42 Rule 1 — Review — Error Apparent on the Face of Record — Misapplication of Precedent — A review petition is maintainable when there is an error apparent on the face of the record, such as the erroneous application of a legal precedent by the Court (both Single Judge and Division Bench) to the facts of the case, where the facts of the case under consideration are clearly distinguishable from the facts of the case laying down the precedent — Wrongful reliance
India Law Library Docid # 2425466

(66) MANJEET DEORA Vs. STATE OF RAJASTHAN AND OTHERS[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 29-04-2025
Administrative Law — Legitimate Expectation — Scholarship Schemes — Conditions for Invoking Doctrine — The doctrine of legitimate expectation arises when a representation or promise is made by an administrative authority, either expressly or impliedly, or if a regular and consistent past practice gives room for such expectation — For a petitioner to successfully claim legitimate expectation regarding a scholarship, there must be a clear promise or representation by the authorities that was not s
India Law Library Docid # 2425480

(67) MAMAN SINGH Vs. ROHITASH SINGH AND OTHERS[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 29-04-2025
Rajasthan Tenancy Act, 1955 — Section 251(A) — Jurisdiction of Revenue Courts — Suits Concerning Agricultural Land and Ways Therein — A suit pertaining to a ‘way’ or path located within agricultural land falls under the exclusive jurisdiction of the Revenue Courts as per the Rajasthan Tenancy Act, 1955 — If the subject matter of a suit filed in a Civil Court is essentially a dispute over such a way, which is part of agricultural land, the Civil Court lacks jurisdiction to adjudicate the
India Law Library Docid # 2425481

(68) AADITYA KHAITAN @ ADITYA KHAITAN AND OTHERS Vs. THE STATE OF JHARKHAND AND OTHERS[SUPREME COURT OF INDIA] 28-04-2025
Criminal Procedure Code, 1973 — Section 482 — Quashing of FIR — Test for Interference — The power under Section 482 Cr.PC to quash an FIR is exercisable when the allegations made in the complaint/FIR, taken at their face value and accepted in their entirety, do not prima facie constitute any offence or make out a case against the accused — The examination is of the complaint as a whole, without delving into the merits, assessing reliability, or conducting a meticulous analysis of the material —
India Law Library Docid # 2425107

(69) K. P. TAMILMARAN Vs. THE STATE BY DEPUTY SUPERINTENDENT OF POLICE[SUPREME COURT OF INDIA] 28-04-2025
Evidence Act, 1872 — Section 154 — Hostile Witness — Evidentiary Value — The evidence of a witness permitted to be cross-examined under Section 154 by the party calling him (often termed ‘hostile’) cannot be discarded altogether as a matter of law — It remains admissible evidence forming part of the record — It is for the Court, exercising prudence and caution, to consider the testimony as a whole, along with other evidence, and determine its credibility and the extent to which it can be relied
India Law Library Docid # 2425108

(70) M/S OSWAL PETROCHEMICALS LTD. Vs. COMMISSIONER OF CENTRAL EXCISE, MUMBAI - II[SUPREME COURT OF INDIA] 28-04-2025
Central Excise Rules, 1944 — Rule 56(2) & 56(4) — Principles of Natural Justice — Re-classification — Test Reports — Where re-classification of goods leading to a higher duty demand is proposed based on chemical test reports, principles of natural justice and the mandate of Rule 56(2) require that copies of such test reports, forming the sub-stratum of the demand, must be furnished to the assessee — Merely providing a gist of the test results, especially within show-cause notices, constitutes a
India Law Library Docid # 2425131

(71) CHUNNI BAI Vs. STATE OF CHHATTISGARH[SUPREME COURT OF INDIA] 28-04-2025
Penal Code, 1860 (IPC) — Sections 299, 300, 302, 304 — Murder vs. Culpable Homicide Not Amounting to Murder — Mens Rea — Intention/Knowledge — All ‘murder’ under Section 300 IPC is ‘culpable homicide’ under Section 299 IPC, but the converse is not true — The critical distinction lies in the degree of mens rea (intention or knowledge). A conviction for murder under Section 302 IPC requires proof beyond reasonable doubt of: (i) intention to cause death; or (ii) intention to cause bodily injury lik
India Law Library Docid # 2425132

(72) CONSOLIDATED CONSTRUCTION CONSORTIUM LIMITED Vs. SOFTWARE TECHNOLOGY PARKS OF INDIA[SUPREME COURT OF INDIA] 28-04-2025
Arbitration and Conciliation Act, 1996 — Sections 34 & 37 — Scope of Judicial Review — Arbitral Award — Plausible View — The jurisdiction of a court under Section 34 of the 1996 Act to set aside an arbitral award is highly restrictive and confined strictly to the grounds enumerated therein (sub-sections (2) and (2A)) — The court cannot act as an appellate body, re-appraise evidence, or substitute its own view for that of the arbitrator merely because a different interpretation or conclusion is p
India Law Library Docid # 2425133

(73) GBJ HOTELS PRIVATE LIMITED Vs. SRIHARAN SRIPATHMANATHAN AND OTHERS[SUPREME COURT OF INDIA] 28-04-2025
Insolvency and Banking Law — SARFAESI Act, 2002 — Auction Sale — Intervention by Courts — Maximizing Asset Value — Where a successful auction purchaser under SARFAESI challenges a High Court order that entertained a higher offer from a third party post-auction acceptance, the Supreme Court, in exercise of its inherent power during the Special Leave Petition proceedings, may invite fresh bids from the original auction purchaser and the third party to ensure maximization of the value of the secure
India Law Library Docid # 2425192

(74) VINEET JAIN Vs. UNION OF INDIA[SUPREME COURT OF INDIA] 28-04-2025
Criminal Procedure Code, 1973 — S. 439 — Bail — Principles for Grant — Economic Offences — Central Goods and Services Tax Act, 2017 — S. 132(1)(c), (f), (h) — In cases involving offences under specific statutes like the CGST Act, 2017, where the maximum sentence is limited (5 years), the case is triable by a Magistrate, the prosecution relies primarily on documentary evidence, a charge-sheet has been filed, the accused has undergone significant pre-trial detention (almost 7 months), and
India Law Library Docid # 2425289

(75) M/S SDS INFRACON PVT. LTD. AND ANOTHER Vs. STATE OF U.P. AND OTHERS[ALLAHABAD HIGH COURT] 28-04-2025
Stamp Act, 1899 — Section 23 — Instruments Reserving Interest — Section 23 categorically provides that an instrument is not chargeable with a higher stamp duty merely because it expressly makes interest payable along with the principal amount — The duty is chargeable only on the principal amount as if no mention of interest had been made.
India Law Library Docid # 2425271

(76) DHEER SINGH AND OTHERS Vs. STATE OF U.P.[ALLAHABAD HIGH COURT] 28-04-2025
Evidence Act, 1872 — Testimony of Related Witness — The evidence of a witness cannot be discarded solely on the ground that they are related to the deceased or interested; however, such testimony requires scrutiny with greater care and caution — If found credible and consistent, it can form the basis of conviction.
India Law Library Docid # 2425304

(77) BHANWAR LAL @ BHANWRA RAM AND OTHERS Vs. STATE OF RAJASTHAN[RAJASTHAN HIGH COURT] 28-04-2025
Penal Code, 1860 — Section 304-B — Evidence Act, 1872 — Section 113-B — Dowry Death — Proof Required — Presumption — To establish the offence of dowry death under S. 304-B IPC and invoke the presumption under S. 113-B Evidence Act, the prosecution must meticulously prove beyond reasonable doubt that soon before her death, the woman was subjected to cruelty or harassment by the accused in connection with a demand for dowry — A clear nexus or live link between the dowry demand, the alleged harassm
India Law Library Docid # 2425422

(78) RAVISH SINGH RANA Vs. STATE OF UTTARAKHAND AND ANOTHER[SUPREME COURT OF INDIA] 28-04-2025
Penal Code, 1860 — Section 376 — Rape — Promise to Marry — Long-Term Live-in Relationship — Presumption of Consent — In a long-drawn live-in relationship spanning over two years, where adult parties cohabit under one roof, a presumption of valid consent for initiating and maintaining the physical relationship arises — The mere allegation that the relationship was entered into based on a promise of marriage, without more, may be unworthy of acceptance, especially when there is no assertion that t
India Law Library Docid # 2425407

(79) RAJ KUMAR SHARMA Vs. AMARDEEP KAPOOR SINGH AND OTHERS[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 28-04-2025
Civil Procedure Code, 1908 — Order 39 Rules 1 & 2 — Temporary Injunction — Principles for Grant — Prima Facie Case — In an application for temporary injunction in a suit for specific performance of an agreement to sell, a prima facie case is established if the plaintiff demonstrates the execution of the agreement, payment of part consideration, and readiness and willingness to perform their part of the contract by paying the remaining consideration — The mere fact that only a portion of the sale
India Law Library Docid # 2425479

(80) OKHLA ENCLAVE PLOT HOLDERS WEL. ASSOCIATION Vs. UNION OF INDIA THROUGH SECRETARY AND OTHERS[SUPREME COURT OF INDIA] 25-04-2025
Allotment — General Category Allottees — Eligibility Criteria — Multiple Plots within Family — The Court modified its earlier order dated 03.10.2019 concerning eligibility criteria — Accepting the Special Committee's prior observation (in its procedural order dated 04.10.2018) that the restriction limiting eligibility to one plot per family should not disentitle persons who paid the full sale consideration at market rates, the Court permitted those General Category allottees, previously found in
India Law Library Docid # 2425093