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(81) THE PRINCIPAL CHIEF CONSERVATOR OF FOREST AND OTHERS Vs. SURESH MATHEW AND OTHERS[SUPREME COURT OF INDIA] 25-04-2025
Government Contracts & Tenders — Judicial Review — Scope of Interference: The power of judicial review in matters relating to government tenders and contracts is circumscribed — Courts should exercise restraint and interfere only if the process adopted or decision made by the authority is vitiated by mala fides, intended to favour someone, or is so arbitrary and irrational that no responsible authority acting reasonably and in accordance with relevant law could have reached it, or if public inte
India Law Library Docid # 2425094

(82) CENTRAL BUREAU OF INVESTIGATION Vs. SURENDRA PATWA AND OTHERS[SUPREME COURT OF INDIA] 25-04-2025
Banking Law — RBI Master Directions on Frauds — Administrative Action vs. Criminal Proceedings — An administrative action taken by banks under the RBI’s Master Directions (dated 01.07.2016) to classify a borrower’s account as fraudulent stands on a different footing from criminal proceedings (like registration of FIR and subsequent investigation by CBI/Police) initiated based on the detection of fraudulent activity — The former falls within the regulatory domain of the RBI and banks, while the l
India Law Library Docid # 2425095

(83) RAJAT GAERA Vs. TARUN RAWAT[SUPREME COURT OF INDIA] 25-04-2025
Practice and Procedure — Expeditious Disposal — Stay of Trial Proceedings by High Court — Landlord-Tenant Disputes — Where the High Court has stayed the trial or original proceedings in cases, particularly those pending between landlord and tenant, such cases must be heard expeditiously — A stay of the trial inevitably leads to delay in the conclusion of the trial and the entire proceedings thereafter — High Courts should endeavor to dispose of those cases where trial has been stayed by
India Law Library Docid # 2425103

(84) SAMAR DEBANGSI Vs. STATE OF WEST BENGAL[CALCUTTA HIGH COURT] 25-04-2025
Penal Code, 1860 — Sections 354 & 376 read with 511 — Outraging Modesty & Attempt to Commit Rape — Proof and Appreciation of Evidence — Appeal against conviction under Ss. 354 & 376/511 IPC — Court analysed evidence of prosecutrix (PW1) and other prosecution witnesses regarding the incident in a sugarcane field — Considered issues of delay in FIR, inconsistencies between FIR and deposition, non-exhibition of injury report, non-seizure of clothes by IO, and alleged land dispute motive
India Law Library Docid # 2425160

(85) GOVINDA KRISHNA GUPTA AND OTHERS Vs. SIBA PADA DAS AND OTHERS[CALCUTTA HIGH COURT] 25-04-2025
Transfer of Property Act, 1882 — Section 58(c) — Mortgage by Conditional Sale vs. Sale with Condition of Repurchase — Distinction — A transaction where a sale deed is executed and a separate, contemporaneous agreement for reconveyance is executed between the parties does not constitute a mortgage by conditional sale under Section 58(c) of the TPA, especially in view of the Proviso added by Act 20 of 1929 which requires the condition of repurchase to be embodied in the same document that effects
India Law Library Docid # 2425161

(86) SHAKUNTLA DEVI Vs. THE STATE OF UTTAR PRADESH[SUPREME COURT OF INDIA] 25-04-2025
Penal Code, 1860 — Section 306 — Abetment of Suicide — Ingredients — Course of Conduct — Proximate Cause — To establish the offence of abetment of suicide under Section 306 IPC, the prosecution must prove beyond reasonable doubt that the accused committed an active act or illegal omission which instigated the deceased or intentionally aided the deceased in committing suicide — A continuous course of conduct involving mental and physical torture, cruelty, and harassment (in this case, related to
India Law Library Docid # 2425134

(87) M/S SRI VENKATESWARA CONSTRUCTIONS Vs. STATE OF ODISHA AND OTHERS[SUPREME COURT OF INDIA] 25-04-2025
Tender Law — Interpretation of Conditions — Income Tax Return — “Previous Financial Year” — Due Date for Filing — Section 44AB, Income Tax Act, 1961 — Where a tender notice requires submission of the Income Tax Return (ITR) for the “previous financial year” and the bid submission deadline falls before the statutory due date for filing the ITR for the immediately preceding financial year (especially for assesses subject to tax audit under Section 44AB of the IT Act, 1961, considering applicable e
India Law Library Docid # 2425135

(88) MAMTA CHOUDHARY Vs. STATE OF RAJASTHAN AND OTHERS[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 25-04-2025
Rajasthan Municipalities Act, 2009 — Section 39(6) — Suspension of Member/Chairperson — Grounds and Judicial Review — Section 39(6) empowers the State Government to suspend a member (including a Chairperson) against whom proceedings for removal under Section 39 have commenced, pending conclusion of the inquiry — While suspension is not a penalty and is normally ordered when allegations of misconduct or corruption are under scrutiny, the power, especially concerning elected public representatives
India Law Library Docid # 2425476

(89) DR. DEVA RAM SHIVRAN Vs. THE STATE OF RAJASTHAN AND ANOTHER[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 25-04-2025
Constitution of India — Articles 14, 16, 21 and 41 — Rights of Persons with Disabilities Act, 2016 — Sections 2(h), 2(r), 2(s), 3, 20, 21 — Discrimination in Public Employment — Non-Benchmark Disability — Medical Unfitness for one Cadre but Fitness for Similar Cadre — Denying a meritorious candidate appointment to a preferred non-technical service cadre (like Rajasthan Administrative Service - RAS) solely on grounds of a visual impairment (Congenital Nystagmus) that does not meet the 40% benchma
India Law Library Docid # 2425477

(90) PHOOL CHAND Vs. RAJ KUMAR AND ANOTHER[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 25-04-2025
Civil Procedure Code, 1908 — Order 7 Rule 11 — Rejection of Plaint — Suit Barred by Limitation — Oral Agreement — A suit based on an alleged oral agreement (for sale of property) entered into several years prior (in this case, an agreement of 1996 for which a suit was filed in 2023) is prima facie barred by limitation — An application under Order 7 Rule 11 CPC for rejection of such a plaint on the ground of limitation should be allowed if the plaint, on its face, discloses that the suit is time-
India Law Library Docid # 2425478

(91) MURLIDHAR AGGARWAL (D.) THR. HIS LR. ATUL KUMAR AGGARWAL Vs. MAHENDRA PRATAP KAKAN (D.) THR. LRS. AND OTHERS[SUPREME COURT OF INDIA] 24-04-2025
Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 — Section 21(1)(a) — Bona Fide Requirement — Assessment by Authorities — Appellate Review — The finding on bona fide requirement of the landlord under Section 21(1)(a) arrived at by the Prescribed Authority after analysing evidence regarding the landlord’s income, financial status, family needs, and lack of alternative business requires cogent and convincing reasons for reversal by the Appellate Authority — The Ap
India Law Library Docid # 2425055

(92) THE CHIEF EXECUTIVE OFFICER AND OTHERS Vs. S. LALITHA AND OTHERS[SUPREME COURT OF INDIA] 24-04-2025
Administrative Tribunals Act, 1985 — Sections 19, 20 & 21 — Limitation — Exhaustion of Remedies — Effect of Representation — (i) Section 21 prescribes a limitation period of one year for approaching the Tribunal, reckoned from the date of the final order rejecting a statutory remedy (like appeal/revision) or from the expiry of six months after making such statutory representation if no order is passed.
India Law Library Docid # 2425056

(93) ASIM MALLIK Vs. THE STATE OF ODISHA[SUPREME COURT OF INDIA] 24-04-2025
Narcotic Drugs and Psychotropic Substances Act, 1985 — Section 20(b)(ii)(C) Commercial Quantity — Special Leave Petition — Bail — Grant by Supreme Court — Considerations — Period of Incarceration — In a Special Leave Petition concerning bail for an offence involving commercial quantity under Section 20(b)(ii)(C) of the NDPS Act, where the petitioner had initially been granted interim bail by the High Court, the Supreme Court may grant regular bail considering the significant period of incarcerat
India Law Library Docid # 2425057

(94) M/S CHITHRA WOODS MANORS WELFARE ASSOCIATION Vs. SHAJI AUGUSTINE[SUPREME COURT OF INDIA] 24-04-2025
Contempt of Courts Act, 1971 — Section 2(b) — Civil Contempt — Wilful Disobedience — Failure to comply with a specific monetary direction passed by the Supreme Court (directing payment of arrears of use and occupation charges in instalments), despite seeking and obtaining time or benefit under related court orders (like status quo), constitutes wilful disobedience amounting to civil contempt, especially when the contemnor continues to enjoy the property and its benefits without making payments o
India Law Library Docid # 2425096

(95) ASLAM CHOUDHERI Vs. STATE OF UTTARAKHAND[UTTARAKHAND HIGH COURT] 24-04-2025
Criminal Procedure Code, 1973 — Section 439 — Unlawful Activities (Prevention) Act, 1967 — Sections 15, 16 — Bail — Evaluation of Evidence — Lack of Prima Facie Link — In an appeal against bail rejection in a case involving serious offences including under the UAPA, the High Court granted bail after setting aside the lower court’s order — The decision was based on a careful perusal of the record, particularly key witness statements (recorded u/s 161 and 164 Cr.P.C.) relied upon by the prosecutio
India Law Library Docid # 2425225

(96) RAJKUMAR DUBEY Vs. BOARD OF REVENUE AND OTHERS[ALLAHABAD HIGH COURT] 24-04-2025
U.P. Consolidation of Holdings Act, 1953 — Section 49 — Bar to Jurisdiction — Section 49 creates an absolute bar on the jurisdiction of Civil or Revenue Courts to entertain suits or proceedings concerning rights in land or other matters for which proceedings could or ought to have been taken under the U.P.C.H. Act during consolidation operations.
India Law Library Docid # 2425272

(97) JAYRAJ SINGH Vs. STATE OF U.P. AND OTHERS[ALLAHABAD HIGH COURT] 24-04-2025
U.P. Zamindari Abolition and Land Reforms Act, 1950 — Sections 131A, 131B — U.P. Revenue Code, 2006 — Section 76 — Conferment of Bhumidhari Rights — Sections 131A and 131B of the Act of 1950, and Section 76 of the Code of 2006, provide for the acquisition of Bhumidhar with transferable rights status by operation of law after a specified period, but these provisions do not establish an administrative forum for conferment or declaration of such rights.
India Law Library Docid # 2425273

(98) KAPIL RAM @ KAPIL RAM SINGHANI Vs. STATE OF RAJASTHAN AND OTHERS[RAJASTHAN HIGH COURT] 24-04-2025
Penal Code, 1860 (IPC) — Sections 107 & 306 — Abetment of Suicide — Ingredients — Mens Rea and Proximity — To constitute the offence of abetment of suicide under Section 306 IPC, there must be proof of direct or indirect acts of instigation or intentional aiding (as defined under Section 107 IPC) by the accused — This requires demonstrating a clear mens rea to abet the suicide — The act of instigation must be a positive action, proximate to the time of suicide, and of such intensity that it push
India Law Library Docid # 2425420

(99) VIRAF SATARAWALA Vs. KHUSHRU SATARAWALA[RAJASTHAN HIGH COURT] 24-04-2025
Civil Procedure Code, 1908 (CPC) — Order XI Rules 1, 12 & 14 — Discovery and Production of Documents vs. Interrogatories — Partition Suit — Nominee’s Duty to Disclose — In a partition suit concerning family properties including financial assets where one party (defendant-brother) is alleged to be a nominee, the Court has the power under Order XI Rules 12 (Application for discovery of documents) and 14 (Production of documents) to direct that party to disclose, via affidavit, information and prod
India Law Library Docid # 2425421

(100) RAMSWAROOP @ PAPPU Vs. MOOLCHAND SAINI AND OTHERS[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 24-04-2025
Judicial Discipline — Promptness in Delivery of Judgments — Constitution of India — Article 21 — Civil Procedure Code, 1908 (CPC) — Order XX Rule 1 — Rajasthan Rent Control Act, 2001 — Section 19(8) — Judicial discipline requires promptness in the delivery of judgments after arguments are heard and concluded — Keeping judgments reserved indefinitely, especially beyond the timelines indicated in Order XX Rule 1 CPC (ordinarily within 30/60 days) and specific statutes like Section 19(8) of the Raj
India Law Library Docid # 2425442