(701) DINESH KASHYAP Vs. STATE OF UTTARAKHAND[UTTARAKHAND HIGH COURT] 03-04-2025 Constitution of India — Article 22(1) — Criminal Procedure Code, 1973 — Section 50 — Bail — Grounds of Arrest — Requirement of Written Communication — The constitutional mandate under Article 22(1) requiring communication of grounds of arrest to the arrested person is sacrosanct and must be fulfilled by providing the grounds in writing at the earliest opportunity — This requirement is not diluted by Section 50 Cr.P.C. and applies irrespective of whether the arrest is made with or without a warra India Law Library Docid # 2425226
(702) LALIT GIRI GOSWAMI Vs. STATE OF UTTARAKHAND AND ANOTHER[UTTARAKHAND HIGH COURT] 03-04-2025 Criminal Procedure Code, 1973 — Section 482 — Penal Code, 1860 — Sections 90, 376 — Rape — Consent Vitiated by False Promise of Marriage — Conditions for Quashing — For quashing proceedings under Section 482 CrPC in a case alleging rape based on a false promise of marriage, the Court must examine if two conditions are met to establish that consent was vitiated under Section 90 IPC due to “misconception of fact”: (i) the promise of marriage must be proven false ab initio, made in bad faith with India Law Library Docid # 2425230
(703) SRI KRISHNA AND ANOTHER Vs. UNION OF INDIA AND OTHERS[ALLAHABAD HIGH COURT] 03-04-2025 U.P. Zamindari Abolition and Land Reforms Act, 1950 — Section 198(4), (5) & (6) [as amended] / U.P. Revenue Code, 2006 — Section 128 — Cancellation of Allotment/Lease — Limitation — The power vested in the competent authority (Assistant Collector In-charge of Sub-division/Collector) under Section 198(4) of the UPZALR Act to inquire into and cancel an irregular allotment of land, whether suo motu or on application, is subject to a mandatory period of limitation prescribed under Section 198(6) — F India Law Library Docid # 2425347
(704) POOJA PUNARAM PATEL AND OTHERS Vs. RAJASTHAN UNIVERSITY OF HEALTH SCIENCES AND ANOTHER[RAJASTHAN HIGH COURT] 03-04-2025 Educational Law — Admission — Professional Course (Dental) — Procedural Irregularities by College — Failure by a college to upload names of duly admitted students (admitted before cut-off) on the regulatory portals (DCI/RUHS) by the stipulated date is a serious lapse attributable primarily to the college — Similarly, admitting students who are otherwise NEET qualified but not registered with the mandatory State Counselling Board is India Law Library Docid # 2425366
(705) LRS OF AVATAR SINGH AND OTHERS Vs. LRS OF GAJANAND AND OTHERS[RAJASTHAN HIGH COURT] 03-04-2025 Civil Procedure Code, 1908 — Order VII Rule 14(3) — Production of Documents after Filing Plaint — Due Diligence and Delay — An application to produce a document (certified copy of sale deed) under Order VII Rule 14(3) CPC at the stage of plaintiff’s evidence, filed after an inordinate delay (13 years) from the institution of the suit, is liable to be rejected when the plaintiff was aware of the document’s existence and India Law Library Docid # 2425368
(706) SAMINA BANO @ SALMA Vs. DIRECTOR, ELEMENTARY EDUCATION, RAJASTHAN, BIKANER AND OTHERS[RAJASTHAN HIGH COURT] 03-04-2025 Service Law — Recruitment — Reservation — Divorcee Category — Requirement of Court Decree — Where recruitment rules or advertisement explicitly requires candidates claiming benefit under the ‘Divorcee’ category to produce an order/decree of divorce from a competent court issued before the last date of application submission, this requirement is mandatory. India Law Library Docid # 2425365
(707) 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
(708) 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
(709) 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
(710) 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
(711) 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
(712) 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
(713) 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
(714) 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
(715) 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
(716) 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
(717) 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
(718) SHALUGHAT BISTHAPIT KALYAN SAMITI Vs. STATE OF HIMACHAL PRADESH AND OTHERS[HIMACHAL PRADESH HIGH COURT] 03-04-2025 Writ Petition — Maintainability — Contractual disputes — Scope of Article 226 — Enforcement of agreement — Principle that disputes relating to contracts, particularly requiring assessment of disputed facts through evidence, cannot ordinarily be agitated under Article 226 of the Constitution of India — Such disputes are cognizable by civil courts or arbitration — High Court in extraordinary jurisdiction will not entertain petitions for specific performance or damages arising from contracts — Alle India Law Library Docid # 2425946
(719) SARDAR HARJIT SINGH KOCHHAR Vs. SARDAR MANJIT SINGH KOCHHAR AND OTHERS[HIMACHAL PRADESH HIGH COURT] 03-04-2025 Civil Procedure Code, 1908 — Order 23 Rule 3 & 3A — Compromise of suit — Bar to suit — Stranger/Third party challenge to compromise decree — Application for setting aside/recalling — Maintainability — Rule 3A imposes a bar on challenging a compromise decree through a separate suit, applicable to both parties and strangers — Stranger cannot file a separate suit to set aside a compromise decree on the ground that it was not lawful India Law Library Docid # 2425966
(720) SRI ANIL DAS Vs. STATE OF ASSAM[GAUHATI HIGH COURT] 03-04-2025 Penal Code, 1860 — Sections 375 & 376 (as they stood prior to 2013 Amendment) — Rape — Proof — Penetration — Essential ingredient is penetration of penis into victim’s private part — Medical Evidence — Ocular Evidence — Weight and conflict — Medical evidence found to contradict prosecutrix’s testimony regarding penetration and signs of forceful sexual intercourse — Medical Report indicating no signs of violence, intact hymen, and absence of spermatozoa — Ocular testimony of prosecutrix must be w India Law Library Docid # 2426239