(501) JYOTSNA RANI DAS LASKAR AND OTHERS Vs. RABIJUL HAQUE LASKAR AND OTHERS[GAUHATI HIGH COURT] 25-04-2025 Civil Procedure Code, 1908 — Section 100 — Second Appeal — Substantial Question of Law — Ascertaining existence of substantial question of law — Burden on appellant to demonstrate a substantial question of law arises from the factual findings and legal conclusions of the First Appellate Court — Mere framing of a question in the Memo of Appeal without demonstrating its substantial India Law Library Docid # 2426212
(502) SRI. BIRAJ MONI BORDOLOI Vs. SRI SRI BATADRAVA THAN PARICHALANA SAMITTEE[GAUHATI HIGH COURT] 25-04-2025 Civil Procedure Code, 1908 — Order 39 Rules 1 & 2 and Section 151 — Constitution of India, 1950 — Article 227 — Societies Registration Act, 1860 — Injunction — Discretionary relief — Requirements for granting _ad interim_ injunction — Prima facie case, balance of convenience, and irreparable injury indispensable for granting injunction — Learned Trial Court failed to discuss prima India Law Library Docid # 2426208
(503) BILAL UDDIN BARBHUIYA Vs. STATE OF ASSAM AND ANOTHER[GAUHATI HIGH COURT] 25-04-2025 Penal Code, 1860 — Section 302 — Murder — Circumstantial evidence — Proof of guilt — Essential ingredients of circumstantial evidence summarized, requiring full establishment of circumstances forming a complete chain excluding every hypothesis but the guilt of the accused — Incident involved appellant fatally assaulting his mother with a stick following a dispute over a BPL card — Evidence includes testimony of witnesses seeing appellant with the stick near the deceased India Law Library Docid # 2426209
(504) 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
(505) 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
(506) 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
(507) 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
(508) 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
(509) 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
(510) 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
(511) 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
(512) 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
(513) 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
(514) INDRA DUDI Vs. STATE OF RAJASTHAN AND OTHERS[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 24-04-2025 Rajasthan Panchayati Raj Act, 1994 — Section 38 — Removal and Suspension of Members/Chairpersons — Grounds and Procedure — Section 38 of the Act empowers the State Government to remove from office any member, Chairperson, or Deputy Chairperson of a Panchayati Raj Institution who refuses to act, becomes incapable of acting, or is guilty of misconduct in the discharge of duties or any disgraceful conduct, after affording an opportunity of hearing and making necessary enquiry — Sub-section (4) allo India Law Library Docid # 2425473
(515) SANTU LAL SAINI Vs. SHRIRAM TRANSPORT FINANCE COMPANY LTD.[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 24-04-2025 Arbitration and Conciliation Act, 1996 — Sections 31(5) and 34(3) — Limitation for Application to Set Aside Award — Commencement from Date of Receipt of Award — The limitation period for filing an application under Section 34 of the 1996 Act to set aside an arbitral award commences from the date of receipt of the signed copy of the award by the party, as mandated by Section 31(5) — The court has the power to condone a delay of India Law Library Docid # 2425474
(516) RAJENDRA PRASAD @ RAJENDRA KUMAR KASERA Vs. PRABHUDAYAL KASERA CHARITABLE TRUST, SHRIMADHOPUR DISTRICT SIKAR (RAJ.) AND OTHERS[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 24-04-2025 Rajasthan Public Trust Act, 1959 — Sections 73 and 74 — Bar of Jurisdiction of Civil Courts — Scope — The bar on the jurisdiction of Civil Courts under Sections 73 and 74 of the Rajasthan Public Trust Act, 1959, applies to matters which are required to be decided or dealt with by an officer or authority under the Act — However, this bar does not extend to suits seeking a declaration that a sale deed pertaining to trust property is null and void ab initio, especially when no relief is sought whic India Law Library Docid # 2425475
(517) DASHRATH Vs. THE STATE OF MAHARASHTRA[SUPREME COURT OF INDIA] 24-04-2025 Prevention of Corruption Act, 1988 — Section 19 — Sanction for Prosecution — Application of Mind by Sanctioning Authority — Nature and Object — The grant of sanction for prosecution under the Prevention of Corruption Act, 1988, is an administrative function requiring the subjective satisfaction of the sanctioning authority based on due application of mind to the materials placed before it, primarily to ascertain the existence of a prima facie case, and not to judge the truth of the allegations — India Law Library Docid # 2425502
(518) ASHIRWAD INDUSTRIES, A PARTNERSHIP FIRM Vs. UNION OF INDIA AND OTHERS[MADHYA PRADESH HIGH COURT] 24-04-2025 Central Goods and Services Tax Act, 2017 (CGST Act) — Section 107(2) — Appeal by Department — Service of Notice to Assessee — Principles of Natural Justice — When an appeal is preferred by the department under Section 107(2) of the CGST Act against an order, proper service of notice of such appeal to the assessee (petitioner firm) is mandatory — Deciding the appeal ex-parte without ensuring due service of notice, especially when the assessee has a registered office in a different state (Ghaziaba India Law Library Docid # 2425537
(519) M/S. KATARIYA PACKAGING PVT. LTD. Vs. COMMISSIONER OF COMMERCIAL TAX (NOW COMMISSIONER OF STATE TAX)[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 24-04-2025 M.P. VAT Act, 2002 — Section 52(2) — Limitation for Penalty Order — Initiation of Proceedings — The one-year limitation period for passing a penalty order under Section 52(2) of the M.P. VAT Act, 2002, commences from the date of “initiation of such proceeding.” — Where penalty proceedings under Section 52 were proposed due to submission of a false Challan discovered during assessment proceedings under Section 20, and a fresh notice for penalty was issued after the final order under Section 20, t India Law Library Docid # 2425538
(520) BHOOP SINGH Vs. VIJENDER SINGH AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 24-04-2025 Contract Act, 1872 — Section 74 — Forfeiture of Earnest Money — Agreement to Sell — Breach by Purchaser — Where an agreement to sell explicitly provides for forfeiture of earnest money upon default by the proposed purchaser, and the amount quantified as earnest money is less than 25% of the total sale consideration, the seller is entitled to forfeit such earnest money — The fact that the agreement uses terms like “peshagi” (earnest money) and “majeeb peshagi” (total earnest money) and the defaul India Law Library Docid # 2425550