(341) GURMEET SINGH Vs. DELHI METRO RAIL CORPORATION LTD.[DELHI HIGH COURT] 03-04-2025 Promissory Estoppel / Legitimate Expectation — Requirement of Clear and Unequivocal Promise — For a claim based on promissory estoppel or legitimate expectation to succeed, the representation or promise made by the authority must be clear, unequivocal, and unambiguous — A person cannot claim a right based on altering their position pursuant to a promise or representation that was conditional or applicable only to a specific category of persons to which the claimant does not belong. India Law Library Docid # 2424951
(342) NARBADA DEVI Vs. KULDEEP KUMAR JAIN[DELHI HIGH COURT] 03-04-2025 Delhi Rent Control Act, 1958 — Section 25-B(8) — Scope of Revisional Jurisdiction — The scope of interference by the High Court under the proviso to Section 25-B(8) of the DRC Act is highly restrictive and supervisory in nature It is not equivalent to appellate jurisdiction — The High Court may interfere only to satisfy itself that the order of the Rent Controller is “according to law,” and cannot substitute its own findings or re-appreciate evidence, particularly on questions of fact like bona India Law Library Docid # 2424952
(343) V.AKILESWARA REDDY Vs. GOLLA KARTHIK YADAV AND OTHERS[ANDHRA PRADESH HIGH COURT] 03-04-2025 Civil Procedure Code, 1908 (CPC) — Order 7 Rule 14(3) — Production of Plaintiff's Documents — Leave of Court — Requirement of Reasons for Delay — The grant of leave under Order 7 Rule 14(3) CPC for receiving documents relied upon by the plaintiff, which were not produced at the time of presenting the plaint, is discretionary — While technicalities should not always prevent evidence from coming on record, leave is not for mere asking — The plaintiff seeking to produce documents belatedly, especia India Law Library Docid # 2424964
(344) GODREJ PROPERTIES LIMITED Vs. FRONTIER HOME DEVELOPERS PVT. LTD[DELHI HIGH COURT] 03-04-2025 Arbitration and Conciliation Act, 1996 — Section 37(2)(b) — Appeal against denial of Interim Relief (S.17) — Scope of Interference — The scope of an appeal under Section 37 against an order of the Arbitral Tribunal (AT) refusing to grant interim measures under Section 17 is highly circumscribed and analogous to the restrictive scope under Section 34 — The appellate court cannot conduct an independent assessment of merits or substitute its own view merely because another view is possible — Interf India Law Library Docid # 2425000
(345) PREETY Vs. SUMIT KUMAR NARWAL[PUNJAB AND HARYANA HIGH COURT] 03-04-2025 Hindu Minority and Guardianship Act, 1956 — Section 6(a) Proviso — Interim Custody of Child Below Five Years — Welfare Principle Paramount — While Section 6(a) proviso states that custody of a minor child who has not completed five years shall ordinarily be with the mother, this is not an absolute rule — The paramount consideration in all custody matters, including interim custody, remains the welfare of the child — Courts can deviate from the ordinary rule if specific circumstances indicate tha India Law Library Docid # 2425038
(346) KANTA DEVI AND OTHERS Vs. PUNJAB & SIND BANK AND ANOTHER[PUNJAB AND HARYANA HIGH COURT] 03-04-2025 Civil Procedure Code, 1908 (CPC) — Order 1 Rule 10 & Order 22 Rule 4 — Suit filed against Dead Person — Impleadment of Legal Representatives — Applicability of Provisions — A suit filed against a person who was already deceased at the time of institution is generally considered a nullity ab initio — An application under Order 22 Rule 4 CPC is technically not maintainable in such a case, as this provision applies only when a party dies during the pendency of the suit — The appropriate provision f India Law Library Docid # 2425039
(347) MATA RANI Vs. SECRETARY, PUNJAB TRANSPORT AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 03-04-2025 Motor Vehicles Act, 1988 — Section 166 — Claim Petition — Proof of Negligence — Evidentiary Value of Criminal Court Findings — While the findings of a Criminal Court regarding rash and negligent driving in a connected criminal case are not strictly binding on the Motor Accident Claims Tribunal (MACT), they cannot be ignored when deciding the issue of negligence in a claim petition — Given the different standards of proof (‘beyond reasonable doubt’ in criminal trials versus ‘preponderance of prob India Law Library Docid # 2425040
(348) DALJIT SINGH HANJRA Vs. SIMRANJIT KAUR AND ANOTHER[PUNJAB AND HARYANA HIGH COURT] 03-04-2025 Criminal Procedure Code, 1973 (Cr.P.C.) — Section 125 — Maintenance — Quantum — Assessment Factors — In determining the quantum of maintenance under Section 125 Cr.P.C., the court must consider various factors including the status of the parties, respective needs of the claimant(s), income and assets (movable/immovable properties, business interests, rental income etc.) of the respondent-husband, liabilities, and the claimant’s independent income, if any — A comprehensive assessment based on evi India Law Library Docid # 2425041
(349) DIPANJAN BHATTACHARJEE Vs. MS. LAD DEVI JAIN[CALCUTTA HIGH COURT] 03-04-2025 Negotiable Instruments Act, 1881 — Section 141 — Vicarious Liability — Partners/Directors — Essential Averments in Complaint — To fasten vicarious liability upon a partner (including a designated partner of an LLP) or director under Section 141 of the NI Act for an offence committed by the LLP/company, the complaint must contain specific averments that such person was, at the time the offence was committed, in charge of, and responsible to, the LLP/company for the conduct of its business — Merel India Law Library Docid # 2425206
(350) BIJOY RAM SINHA Vs. SHIB NATH BHADURI[CALCUTTA HIGH COURT] 03-04-2025 Evidence Act, 1872 — Section 114 Illustration (f) — General Clauses Act, 1897 — Section 27 — Presumption of Service — Notice by Certificate of Posting — Rebuttal — Where a notice of intended sale, required under a contractual pre-emption clause in a partition deed, is proved to have been sent by certificate of posting to the correct address of the co-allottee (plaintiff), a presumption of due service arises under Section 114(f) of the Evidence Act and Section 27 of the General Clauses Act — This India Law Library Docid # 2425207
(351) 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
(352) 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
(353) 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
(354) 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
(355) 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
(356) 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
(357) 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
(358) 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
(359) 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
(360) JOMON K.K. Vs. SHAJIMON P. AND OTHERS ETC[SUPREME COURT OF INDIA] 02-04-2025 Service Law — Recruitment — Essential Qualifications — Specific Licence Required vs. Different/Higher Licence Held — Effect of Statutory Rules — Where statutory rules (Kerala State Water Transport Subordinate Service (Operating Wing) Special Rules, 1975, R. 6) explicitly prescribe possession of a "current Lascar's licence" as the essential qualification for appointment to the post of Lascar, a candidate holding only a Syrang's licence (even if considered superior or requiring a Lascar's licence India Law Library Docid # 2424202