(821) JASNATH SWAMI AND ANOTHER Vs. BHEEKNATH AND ANOTHER[RAJASTHAN HIGH COURT] 18-03-2025 Penal Code, 1860 — Sections 306, 107 — Abetment of Suicide — Proof — Proximate Act — Mens Rea — To sustain a conviction under Section 306 IPC, the prosecution must establish beyond reasonable doubt a positive act of instigation or intentional aiding by the accused, which was proximate to the commission of suicide and demonstrated a definite mens rea to compel the deceased to end their life — Bald allegations, evidence of marital disharmony (particularly involving persons not accused), or the mer India Law Library Docid # 2424168
(822) DEVI LAL Vs. STATE OF RAJASTHAN[RAJASTHAN HIGH COURT] 18-03-2025 Probation of Offenders Act, 1958 — Section 4 — Grant of Probation — Factors Considered — Conviction under Sections 380 & 454 IPC — In determining whether it is expedient to release a convicted person on probation of good conduct under Section 4, the court must consider the circumstances of the case, the nature of the offence, and the character of the offender — Where an accused is convicted under Sections 380 and 454 IPC (offences not punishable with death or life imprisonment) and there is no m India Law Library Docid # 2424187
(823) BHANWAR SINGH AND OTHERS Vs. STATE OF RAJASTHAN AND OTHERS[RAJASTHAN HIGH COURT] 18-03-2025 Penal Code, 1860 — Sections 306, 107 — Abetment of Suicide — Framing of Charge — For establishing a charge of abetment of suicide under Section 306 IPC, read with Section 107 IPC, there must be clear prima facie evidence demonstrating a positive act of instigation, intentional aiding, or engagement in a conspiracy by the accused, possessing the requisite mens rea, which directly compels or leaves the victim with no option but to commit suicide — Such act must be in close proximity to the time of India Law Library Docid # 2424221
(824) PRAMAN INFRASTRUCTURE PRIVATE LIMITED Vs. STATE OF MAHARASHTRA AND OTHERS[BOMBAY HIGH COURT] 18-03-2025 Maharashtra Stamp Act, 1958 — Section 27 (akin to Section 27, Indian Stamp Act) — Valuation for Stamp Duty — Disclosure of Facts Affecting Chargeability — Parties executing an instrument, such as a Deed of Conveyance, are statutorily obligated under Section 27 of the Stamp Act to fully and truly set forth all facts and circumstances affecting the chargeability of the instrument with stamp duty or the amount of duty payable, including the consideration and factors impacting market value — Revenue India Law Library Docid # 2424283
(825) SANTOSH Vs. AJIT JAIWANTRAO BHISE[BOMBAY HIGH COURT (NAGPUR BENCH)] 18-03-2025 Maharashtra Rent Control Act, 1999 — Section 16(1)(g) — Eviction on Ground of Bona Fide Requirement — Landlord as Best Judge — Under Section 16(1)(g) of the Maharashtra Rent Control Act, 1999, a landlord is entitled to recover possession if the premises are reasonably and bona fide required by the landlord for occupation by himself or specified others — The principle that the landlord is the best judge of his requirement applies, meaning the landlord decides how and in what manner to beneficiall India Law Library Docid # 2424302
(826) MORESHWAR AND ANOTHER Vs. THE STATE OF MAHARASHTRA AND OTHERS[BOMBAY HIGH COURT (NAGPUR BENCH)] 18-03-2025 Natural Justice — Audi Alteram Partem — Deletion of Name from Revenue Record — Revenue authorities, such as the Naib Tahsildar, acting pursuant to a court decree or otherwise, cannot delete the name of a person recorded as an owner or possessor in the revenue records (like the 7/12 extract) based on registered sale deeds without first issuing notice and providing an opportunity of hearing to that person — An order deleting such entries passed without adhering to the principles of natural justice India Law Library Docid # 2424303
(827) PRASHANT @ GUDDU SHANKARRAO @ VIJAY INGLE Vs. THE STATE OF MAHARASHTRA[BOMBAY HIGH COURT (NAGPUR BENCH)] 18-03-2025 Evidence Act, 1872 — S. 3 — Testimony of Eyewitness — Reliability — Omissions and Improvements — Testimony of the victim’s mother (PW1), the sole eyewitness to the assault on a minor child, can form the basis for conviction if found cogent and reliable overall — Minor improvements (elaborating details in court) or omissions (failing to state a specific detail like touching the private part in the initial police statement, even if admitted in cross-examination) do not necessarily discredit the en India Law Library Docid # 2424308
(828) V. RAVI PRAKASH, PRESIDENT, RTV Vs. MUMBAI METROPOLITAN REGION DEVELOPMENT AUTHORITY AND OTHERS[BOMBAY HIGH COURT] 18-03-2025 Public Interest Litigation — Bona Fides and Locus Standi — Preliminary Examination — The bona fides of a petitioner filing a Public Interest Litigation (PIL) is a crucial factor that must be examined by the Court at the threshold, irrespective of the apparent public cause being espoused — Courts must ensure that the PIL mechanism is not abused for oblique considerations or personal gain, and must verify the petitioner’s credentials and the genuineness of the public interest involved before India Law Library Docid # 2424369
(829) SMT. R. SHARMILA Vs. B. DEVAKUMAR[KARNATAKA HIGH COURT] 18-03-2025 Code of Civil Procedure, 1908 (CPC) — Order 23 Rule 3, Rule 3A — Compromise Decree — Nature and Executability — Suit for Ejectment — A decree passed in terms of a lawful compromise agreement entered into between parties in a suit, particularly one where the defendant (tenant) undertakes to perform certain acts or adhere to conditions and agrees that failure to do so entitles the plaintiff (landlord) to enforce the reliefs claimed in the plaint (ejectment), falls under the first part of Order 23 India Law Library Docid # 2424384
(830) DR. ABHISHEK M. SUTRAVE Vs. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES AND ANOTHER[KARNATAKA HIGH COURT] 18-03-2025 Rajiv Gandhi University of Health Sciences Act, 1994 — Section 35(3)(b) — Ordinance Making Power of Syndicate — Consultation with Academic Council — Section 35(3)(b) mandates that the Syndicate shall consult the Academic Council (AC) in matters relating to the conduct or standard of examination before making an Ordinance — Where the records indicate that a recommendation originating from a Committee of the Academic Council (CAC) regarding evaluation Ordinances (for both UG and PG) was placed India Law Library Docid # 2424387
(831) RAMAKRISHNA MATH Vs. S. YOGA[KARNATAKA HIGH COURT] 18-03-2025 Code of Civil Procedure, 1908 — Order 23 Rule 3A — Bar to Suit Challenging Compromise Decree — Applicability to Strangers — The bar contained in Order 23 Rule 3A CPC, which prohibits a separate suit to set aside a decree on the ground that the compromise on which it is based was not lawful, applies only to the parties to the compromise decree — It does not bar a suit by a stranger to the compromise decree who alleges that the decree affects their independent rights or title to the property invol India Law Library Docid # 2424390
(832) KEMIN INDUSTRIES, INC. Vs. THE CONTROLLER OF PATENTS[MADRAS HIGH COURT] 18-03-2025 Patents Act, 1970 — Section 3(i) — Patentable Subject Matter — Method of Treatment of Animals — Animal Feed Supplementation — A claimed method directed towards supplementing animal feed (for monogastric animals) with a specific combination of enzymes (ferulic acid esterase produced from bacteria, supplemented with cellulase, xylanase, glucanase, and amylase) to improve the efficiency of extracting metabolizable energy from the feed, is not excluded from patentability India Law Library Docid # 2424428
(833) RAGURAJAN Vs. THE STATE AND OTHERS[MADRAS HIGH COURT (MADURAI BENCH)] 18-03-2025 Criminal Procedure Code, 1973 (CrPC) — Section 372 — Appeal against Acquittal — Circumstantial Evidence — Standard of Proof — In an appeal against acquittal under Section 372 CrPC, where the prosecution case rests entirely on circumstantial evidence, the appellate court will interfere only if the trial court’s findings are perverse or based on an impossible view of the evidence — The prosecution must establish a complete and unbroken chain of circumstances that unerringly points towards the guil India Law Library Docid # 2424429
(834) NATCHIMUTHU AND OTHER Vs. THE DISTRICT COLLECTOR TIRUPPUR DISTRICT, TIRUPPU AND OTHERS[MADRAS HIGH COURT] 18-03-2025 Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (Act 56 of 2007) — Section 23(1) — Cancellation of Transfer/Settlement Deed — Condition for Maintenance — Implied Condition — Neglect — Section 23(1) empowers the Tribunal to declare a transfer of property (including by gift or settlement) made by a senior citizen void at their option, if the transferee, having an obligation to provide basic amenities and physical needs, fails or refuses to do so — The condition that the India Law Library Docid # 2424430
(835) M/S. VISHWAKARMA ENGINEERING WORKS REPRESENTED BY ITS MANAGING DIRECTOR, MR, RAJESH SHARMA Vs. MR. H. RAVIGOWDA THE PROPRIETOR OF NRG INDUSTRIES[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 18-03-2025 Consumer Protection Act, 2019 — Section 2(11), 2(7) — Deficiency in Service — Supply of Machinery — Substandard Quality — Failure to Install/Demonstrate — Expert Report — Concurrent findings by the District Forum and State Commission establishing deficiency in service on the part of a machinery supplier (Petitioner/OP) were based on evidence indicating failure to supply ‘Dall Mill Machinery’ of promised quality and capacity, delivery of substandard materials, failure to install and demonstrate t India Law Library Docid # 2424497
(836) DALBARA SINGH ALIAS DARBRA SINGH Vs. SHRIRAM GENERAL INSURANCE COMPANY LTD. AND OTHERS[SUPREME COURT OF INDIA] 18-03-2025 Motor Accident Compensation — Functional Disability vs. Permanent Disability — Truck Driver — Leg Amputation — For a claimant whose profession is truck driving, the amputation of a leg resulting in 60% permanent physical disability translates to 100% functional disability in relation to his specific vocation, as he is completely incapacitated from performing his job as a driver India Law Library Docid # 2424544
(837) M. D. A. CHAUDHARY Vs. KARTAR CHAND AND OTHERS[SUPREME COURT OF INDIA] 18-03-2025 Motor Accident Compensation — Multiplier — Selection Based on Age — Age 27 — For a claimant aged 27 years at the time of the accident, the correct multiplier to be applied for calculating loss of future earnings, as per the standards set in Sarla Verma and Pranay Sethi, is 17 India Law Library Docid # 2424545
(838) ASHOK KUMAR Vs. CHHOTE LAL KOL AND OTHERS[SUPREME COURT OF INDIA] 18-03-2025 Motor Accident Compensation — Just Compensation Principle — Beneficial Legislation — The Motor Vehicles Act, 1988, being beneficial legislation, requires tribunals and courts to award compensation that is ‘just and fair’, considering the overall circumstances and applying the standard of preponderance of probability India Law Library Docid # 2424546
(839) AJIT SINGH Vs. THE STATE OF UTTARAKHAND AND ANOTHER[SUPREME COURT OF INDIA] 18-03-2025 Criminal Law — Bail — Medical Grounds vs. Gravity of Offence — Balancing Exercise — Granting bail solely on medical grounds requires a careful balancing act, weighing the seriousness and nature of the accused’s medical condition against the gravity of the alleged offence (here, double murder under S. 302 IPC) and the potential impact on the trial India Law Library Docid # 2424548
(840) THOMAS ANTONY Vs. STATE OF KERALA AND ANOTHER[KERALA HIGH COURT] 18-03-2025 Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 — Section 11 & 13 — Enquiry Procedure against Government Employee — Compliance with Service Rules — An enquiry conducted by an Internal Committee under the POSH Act against a government employee must be conducted in accordance with the provisions of the service rules applicable to the employee India Law Library Docid # 2424557