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(421) MANJEET DEORA Vs. STATE OF RAJASTHAN AND OTHERS[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 29-04-2025
Administrative Law — Legitimate Expectation — Scholarship Schemes — Conditions for Invoking Doctrine — The doctrine of legitimate expectation arises when a representation or promise is made by an administrative authority, either expressly or impliedly, or if a regular and consistent past practice gives room for such expectation — For a petitioner to successfully claim legitimate expectation regarding a scholarship, there must be a clear promise or representation by the authorities that was not s
India Law Library Docid # 2425480

(422) MAMAN SINGH Vs. ROHITASH SINGH AND OTHERS[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 29-04-2025
Rajasthan Tenancy Act, 1955 — Section 251(A) — Jurisdiction of Revenue Courts — Suits Concerning Agricultural Land and Ways Therein — A suit pertaining to a ‘way’ or path located within agricultural land falls under the exclusive jurisdiction of the Revenue Courts as per the Rajasthan Tenancy Act, 1955 — If the subject matter of a suit filed in a Civil Court is essentially a dispute over such a way, which is part of agricultural land, the Civil Court lacks jurisdiction to adjudicate the
India Law Library Docid # 2425481

(423) SHYAMLAL ALIAS BABLU ALIAS PAPPU PANDEY Vs. THE STATE OF MADHYA PRADESH[MADHYA PRADESH HIGH COURT] 29-04-2025
Criminal Law — Circumstantial Evidence — Hostile Witnesses — Extra-Judicial Confession Not Proved — In a case based on circumstantial evidence, where the prime witnesses (PW-3, son of PW-4, to whom the FIR was attributed, and PW-4, the aunt to whom an extra-judicial confession was allegedly made by the appellant) turn hostile and do not support the prosecution’s case regarding the confession or the appellant’s involvement in the murder and burial of the deceased, the very genesis of the prosecut
India Law Library Docid # 2425540

(424) JOGINDER SINGH AND OTHERS Vs. STATE OF PUNJAB AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 29-04-2025
Easements Act, 1882 — Section 15 — Easementary rights against Government land — Period of enjoyment — Plaintiffs claiming easementary right over green belt and road for over 20 years by opening doors, windows etc. towards them — Such claim is unsustainable as S. 15 requires continuous enjoyment for 30 years to acquire easement against Government land — Twenty years of use falls short of this statutory requirement, rendering the easementary plea meritless.
India Law Library Docid # 2425563

(425) AMIN LAL AND OTHERS Vs. HAR NARAIN AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 29-04-2025
Civil Procedure Code, 1908 (CPC) — O 41, Rule 1 — Specific Relief Act, 1963 — Section 10 — Appeal — Power of Appellate Court to make out a new case — Suit for specific performance of agreement to sell decreed by trial court — First Appellate Court modified decree to refund of earnest money on the ground that suit property was vague as boundaries were not given in agreement, a plea not taken by defendants in written statement — Held, First Appellate Court erred in making out a new case not pleade
India Law Library Docid # 2425564

(426) SHAGAN LAL Vs. DIDAR SINGH AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 29-04-2025
Motor Vehicles Act, 1988 — Section 166 & Section 140 — Compensation for injuries — Enhancement — Claimant aged 40, photographer earning Rs. 10,000/- p.m., suffered 60% permanent disability (mal-united fractures of R-humerus and ulna with restricted movements) in motor accident — Tribunal awarded Rs. 3,01,011/- — On appeal, High Court enhanced compensation to Rs. 23,11,011/- applying settled principles — Monthly income taken as Rs. 10,000/-, future prospects @ 25% added, making annual income Rs.
India Law Library Docid # 2425606

(427) KARAMBIR AND ANOTHER Vs. SURESH AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 29-04-2025
Motor Vehicles Act, 1988 — Section 163-A & Section 147 — Liability of Insurer — Death of person accompanying goods in goods carriage — Deceased travelling in goods vehicle to take care of dowry articles loaded therein at instance of bridegroom’s father — Tribunal held deceased to be gratuitous passenger and fastened liability on owner/driver — High Court reversed, holding deceased was not gratuitous passenger but an authorized representative of owner of goods (bridegroom’s father), travelling fo
India Law Library Docid # 2425607

(428) MASTER ADITYA BENIWAL Vs. UNION OF INDIA AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 29-04-2025
Education Law — Admissions — Sainik School — Change of Category after application and selection — Petitioner, a minor represented by mother, applied for Sainik School admission, filled “General” category in form (though father was Defence Personnel), was selected under General category and allotted Sainik School, Rewari — Later sought change to “Ward of Defence Personnel” category to get admission in another Sainik School based on revised merit — Respondents rejected claim as (i) terms of advert
India Law Library Docid # 2425608

(429) RAJA REKHI Vs. STATE OF HARYANA AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 29-04-2025
Constitution of India — Art. 226 — Habeas Corpus — Child Custody — Maintainability of writ petition by uncle for release of minor nephew from mother’s custody — Where 12-year-old detenu (nephew of petitioner) was residing with his father, and mother (respondent No.4, ordinarily resident in Australia) allegedly took him away from habitual residence while father was abroad, and guardianship petition was already pending between parents before Family Court, habeas corpus petition by uncle is not mai
India Law Library Docid # 2425609

(430) CHITRASEN RATH AND OTHERS Vs. STATE OF CHHATTISGARH AND OTHERS[CHHATTISGARH HIGH COURT] 29-04-2025
Writ Petition — Scope of — Article 226 of the Constitution of India — Extraordinary jurisdiction — Petitioners, primarily Society Managers, seeking interference against non-lifting of procured paddy by respondent authorities as per government guidelines and policy — Paddy not lifted within prescribed or extended deadlines, resulting in storage issues, exposure to elements, and loss of quantity and quality due to driage — Petitioners seeking directive to lift remaining paddy and adjustment for lo
India Law Library Docid # 2425663

(431) SHIVANI MISRI Vs. UNION OF INDIA AND ANOTHER[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 29-04-2025
Constitution of India, 1950 — Article 226 — Writ Petition — Mandamus — Certiorari — Challenge to arbitrary disqualification from appointment — Prayer for recruitment — Quashing of advertisement and disqualification order — Petitioner, a blind woman with 100% disability, pursuing legal remedies against cancellation of candidature for Junior Executive (Law) post after being declared
India Law Library Docid # 2425845

(432) STATE OF U.P. AND ANOTHER Vs. MISS BHAVNA TIWARI AND OTHERS[SUPREME COURT OF INDIA] 29-04-2025
Education Law — Medical Education — National Eligibility cum Entrance Test (NEET) — Post Graduate (PG) — Counselling Process — Seat Blocking — Systemic Issues — NEET-PG counselling process, conceived as transparent and merit-based, marred by widespread seat blocking malpractice skewing seat availability and disadvantaging higher-ranked aspirants — Systemic flaws identified, including fragmented governance
India Law Library Docid # 2425930

(433) ARUN TANTI Vs. STATE OF ASSAM[GAUHATI HIGH COURT] 29-04-2025
Penal Code, 1860 — Section 302 — Murder — Circumstantial Evidence — Fratricide — Case based on circumstantial evidence; prosecution must prove a complete chain of circumstances leading only to the accused’s guilt — Absence of eyewitnesses necessitates rigorous scrutiny — Extrajudicial confession made before police or under duress is inadmissible (Sections 24, 25 Evidence Act, 1872) — Seizure of alleged weapon without bloodstains or forensic testing weakens prosecution case — Inconsistency in wit
India Law Library Docid # 2426172

(434) ON THE DEATH OF HARI PRASAD DOWERAH HIS LEGAL HEIRS NAMELY SRI AMRIT DOWERAH Vs. TATA TEA LTD.[GAUHATI HIGH COURT] 29-04-2025
Civil Procedure Code, 1908 — Section 115 — Revision — Scope — Challenging an order in execution proceedings — Order under challenge rejected judgment debtor’s preliminary and final objections to executability of decree — Revisional jurisdiction invoked where the learned Executing Court has meticulously considered each objection and applied the law properly — No error, illegality, or material irregularity found in the exercise of jurisdiction.
India Law Library Docid # 2426173

(435) MUSST ASIA KHATUN AND OTHERS Vs. PATRIK URANG AND OTHERS[GAUHATI HIGH COURT] 29-04-2025
Civil Procedure Code, 1908 — Section 100(4), Order 7 Rule 1(e) — Second Appeal — Substantial Question of Law — Pleadings — Adverse Possession — Requirement of pleading and proving hostile possession in denial of true owner’s title — Contradictory pleas of independent title and adverse possession not permissible — Admission of long possession by defendant does not automatically establish adverse possession — Defendant claiming adverse possession must plead and prove the essential elements thereof
India Law Library Docid # 2426174

(436) AADITYA KHAITAN @ ADITYA KHAITAN AND OTHERS Vs. THE STATE OF JHARKHAND AND OTHERS[SUPREME COURT OF INDIA] 28-04-2025
Criminal Procedure Code, 1973 — Section 482 — Quashing of FIR — Test for Interference — The power under Section 482 Cr.PC to quash an FIR is exercisable when the allegations made in the complaint/FIR, taken at their face value and accepted in their entirety, do not prima facie constitute any offence or make out a case against the accused — The examination is of the complaint as a whole, without delving into the merits, assessing reliability, or conducting a meticulous analysis of the material —
India Law Library Docid # 2425107

(437) K. P. TAMILMARAN Vs. THE STATE BY DEPUTY SUPERINTENDENT OF POLICE[SUPREME COURT OF INDIA] 28-04-2025
Evidence Act, 1872 — Section 154 — Hostile Witness — Evidentiary Value — The evidence of a witness permitted to be cross-examined under Section 154 by the party calling him (often termed ‘hostile’) cannot be discarded altogether as a matter of law — It remains admissible evidence forming part of the record — It is for the Court, exercising prudence and caution, to consider the testimony as a whole, along with other evidence, and determine its credibility and the extent to which it can be relied
India Law Library Docid # 2425108

(438) M/S OSWAL PETROCHEMICALS LTD. Vs. COMMISSIONER OF CENTRAL EXCISE, MUMBAI - II[SUPREME COURT OF INDIA] 28-04-2025
Central Excise Rules, 1944 — Rule 56(2) & 56(4) — Principles of Natural Justice — Re-classification — Test Reports — Where re-classification of goods leading to a higher duty demand is proposed based on chemical test reports, principles of natural justice and the mandate of Rule 56(2) require that copies of such test reports, forming the sub-stratum of the demand, must be furnished to the assessee — Merely providing a gist of the test results, especially within show-cause notices, constitutes a
India Law Library Docid # 2425131

(439) CHUNNI BAI Vs. STATE OF CHHATTISGARH[SUPREME COURT OF INDIA] 28-04-2025
Penal Code, 1860 (IPC) — Sections 299, 300, 302, 304 — Murder vs. Culpable Homicide Not Amounting to Murder — Mens Rea — Intention/Knowledge — All ‘murder’ under Section 300 IPC is ‘culpable homicide’ under Section 299 IPC, but the converse is not true — The critical distinction lies in the degree of mens rea (intention or knowledge). A conviction for murder under Section 302 IPC requires proof beyond reasonable doubt of: (i) intention to cause death; or (ii) intention to cause bodily injury lik
India Law Library Docid # 2425132

(440) CONSOLIDATED CONSTRUCTION CONSORTIUM LIMITED Vs. SOFTWARE TECHNOLOGY PARKS OF INDIA[SUPREME COURT OF INDIA] 28-04-2025
Arbitration and Conciliation Act, 1996 — Sections 34 & 37 — Scope of Judicial Review — Arbitral Award — Plausible View — The jurisdiction of a court under Section 34 of the 1996 Act to set aside an arbitral award is highly restrictive and confined strictly to the grounds enumerated therein (sub-sections (2) and (2A)) — The court cannot act as an appellate body, re-appraise evidence, or substitute its own view for that of the arbitrator merely because a different interpretation or conclusion is p
India Law Library Docid # 2425133