(881) PRINCIPAL COMMISSIONER OF INCOME TAX-II, NEW CENTRAL REVENUE BUILDING Vs. M/S RAJASTHAN STATE MINES AND MINERALS LTD.[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 03-04-2025 Income Tax Act, 1961 — Section 254 — Income Tax (Appellate Tribunal) Rules, 1963 — Rule 11 — Additional Grounds before Tribunal — Opportunity of Hearing — While the Income Tax Appellate Tribunal has wide powers under Section 254 of the Act to consider additional grounds not raised before the lower authorities, especially questions of law arising from facts on record, this is subject to the principles of natural justice — Rule 11 of the Income Tax (Appellate Tribunal) Rules, 1963, permits raising India Law Library Docid # 2425426
(882) 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
(883) 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
(884) 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
(885) ADITYA MALHOTRA PROP. M/S ANN INFRASTRUCTURE Vs. DHARMINDER SINGH[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 03-04-2025 Negotiable Instruments Act, 1881 — Section 138 — Criminal Procedure Code, 1973 — Section 200 — Complaint under Section 138 NIA — Territorial Jurisdiction — Presentation of cheque by payee through bank account — Determinative factor for territorial jurisdiction is location of branch where payee’s account is maintained — Cheque presented at branch outside territorial limits India Law Library Docid # 2425803
(886) ANIL GUPTA AND ANOTHER Vs. UNION TERRITORY OF J&K AND ANOTHER[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 03-04-2025 Criminal Procedure Code, 1973 — Section 156(3) — Power of Magistrate to direct investigation – Scope and limitations – Application must be supported by an affidavit and clearly spell out compliance with Sections 154(1) and 154(3) — Magistrate should verify truth and veracity of allegations, especially considering nature of charges and delay in filing complaint — Mere assertion of prior applications under Section 154(1) and 154(3) without documentary proof is insufficient — Magistrate must apply India Law Library Docid # 2425804
(887) SURESH KUMAR REKHI AND OTHERS Vs. DIRECTORATE OF ENFORCEMENT[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 03-04-2025 Criminal Procedure Code, 1973 — Section 294 — No formal proof of certain documents — Admission or denial of genuineness — Mandatory requirement for a separate list of documents: Section 294(1) and (2) mandates that particulars of documents sought to be admitted or denied must be included in a specific list, prescribed in form by the State Government — This list is distinct from the index or list of documents attached to the charge-sheet or complaint — The purpose is to provide clear notice of th India Law Library Docid # 2425805
(888) HC/GD HARISH CHANDER Vs. UOI AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 03-04-2025 Central Reserve Police Force Act, 1949 — Section 10(m) — Offences — Disobedience, neglect of duty or remissness in discharge of duties — Unauthorised absence from duty — Member of a disciplined force — Duty to inform employer of illness and new address during absence. India Law Library Docid # 2425806
(889) DOGRA SANGTHAN Vs. STATE OF J&K AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 03-04-2025 Public Interest Litigation — Scope — Allegations concerning illegal activities, abuse, and exploitation in spiritual centers — Requirement of substantiation — Petition alleging shady and illegal activities, child abuse, bonded labor, women exploitation including prostitution in centers of an Adhyatmik Visva Vidyalaya — Court-monitored investigation, inspection, release of inmates, and sealing of centers sought — Allegations met with denials India Law Library Docid # 2425807
(890) M/S RAJINDER MEDICAL HALL AND ANOTHER Vs. STATE OF J&K AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 03-04-2025 Contract Law — Tender Process — Letter of Intent — Novation of Contract — Highest bidder for fair price medical shop in hospital premises — Initial letter of intent contemplated permanent shop and phased premium payment — Subsequent communication offered make shift shop and linked balance premium to permanent shop allotment — Petitioners accepted offer, deposited first installment, occupied make shift shop, and paid monthly rent — Permanent India Law Library Docid # 2425808
(891) AMAR BISHNAH COOPERATIVE MEDICAL STORE AND OTHERS Vs. UNION TERRITORY OF JAMMU & KASHMIR AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 03-04-2025 Letters Patent Appeal — Challenge to Single Judge Judgement — Grounds of Appeal — Erroneous, perverse and contrary to factual position; lack of hearing for appellant (erstwhile respondent); misapplication of precedent; ignoring specific government orders governing allotment; failure to consider equitable considerations — Allegations of improper representation by counsel also raised. India Law Library Docid # 2425811
(892) 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
(893) 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
(894) 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
(895) 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
(896) 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
(897) 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
(898) 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
(899) 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
(900) 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