(461) SHANTILAL BHULABHAI PATEL AND OTHERS Vs. BHULABHAI KHEMABHAI PATEL AND ANOTHER[GUJARAT HIGH COURT] 28-04-2025 Civil Procedure Code, 1908 — Section 100 — Second Appeal — Interference with concurrent findings of fact — Scope of Second Appeal against concurrent findings of fact by trial court and first appellate court is limited — High Court cannot interfere unless findings are perverse, arbitrary, shock the conscience, or disrespect legal forms or natural justice — Re-appreciation of evidence to substitute findings is impermissible — Concurrent findings not to be interfered unless erroneous or contrary to India Law Library Docid # 2426001
(462) LAND ACQUISITION AND REHABILITATION OFFICER AND ANOTHER Vs. RAJPUT DEVJIBHAI JETHABHAI[GUJARAT HIGH COURT] 28-04-2025 Land Acquisition Act, 1894 — Sections 4, 11, 18 & 28 — Determination of market value — Reference Court jurisdiction — Market value determination by Land Acquisition Officer is not an appellate finding; Reference Court acts as original proceeding to determine market value afresh based on evidence — District Valuation Committee report as expert opinion — Valuation Committee’s estimation of market value for government land allotment at similar location and time as relevant evidence for determining India Law Library Docid # 2426002
(463) RAMESH KUMAR AGARWAL Vs. RAJENDRA PRASAD CHOUDHURY AND OTHERS[GAUHATI HIGH COURT] 28-04-2025 Civil Procedure Code, 1908 — Order 6 Rule 17 (Proviso) — Amendment of pleadings after commencement of trial — Due Diligence — Burden on party seeking amendment to show that despite due diligence, the matter could not have been raised earlier — Allegation of “recently learned” about registered deeds executed in 2008-2009, challenged 14 years later — Absence of specific details on when and how information was obtained — Lack of any reflection of new information in India Law Library Docid # 2426168
(464) HIMADRI DOWERAH Vs. RAJIV DUTTA AND OTHERS[GAUHATI HIGH COURT] 28-04-2025 Civil Procedure Code, 1908 — Section 115 — Revisional Jurisdiction — Scope — Concurrent findings of fact by trial court and first appellate court — Interference by High Court — High Court in revisional jurisdiction does not act as a court of first appeal and cannot re-appreciate or re-assess evidence to reach a different finding of facts, even if its view differs from the court below — Interference is permissible if findings are perverse, without material evidence, based on no evidence or misrea India Law Library Docid # 2426169
(465) BIREN CH. DAS Vs. STATE OF ASSAM[GAUHATI HIGH COURT] 28-04-2025 Penal Code, 1860 — Section 302 — Murder — Section 304 Part II — Culpable Homicide Not Amounting to Murder — Distinction — Principles enunciated in _State of AP Vs. Rayavarapu Punnayya and Anr., AIR 1977 SC 45_ and _Kishore Singh and Anr. vs. The State of M.P., AIR 1977 Sc 2267_ reiterated — To sustain a charge of murder under Section 300, prosecution must prove the act falls within one of its four clauses — Even proving an act falls under Section 299 does not automatically constitute murder if n India Law Library Docid # 2426170
(466) MOHESWAR KALITA Vs. BISWA NATH JAJODIA[GAUHATI HIGH COURT] 28-04-2025 Civil Procedure Code, 1908 — Section 115 — Revisional Jurisdiction — Scope of interference with findings of fact — High Court’s power confined to examining if findings of fact by first appellate court are according to law and do not suffer from any error of law — Findings can be corrected if perverse, arrived at without considering material evidence, based on no evidence, misreading evidence, or grossly erroneous leading to miscarriage of justice — Revisional power not equivalent to appellate po India Law Library Docid # 2426171
(467) OKHLA ENCLAVE PLOT HOLDERS WEL. ASSOCIATION Vs. UNION OF INDIA THROUGH SECRETARY AND OTHERS[SUPREME COURT OF INDIA] 25-04-2025 Allotment — General Category Allottees — Eligibility Criteria — Multiple Plots within Family — The Court modified its earlier order dated 03.10.2019 concerning eligibility criteria — Accepting the Special Committee's prior observation (in its procedural order dated 04.10.2018) that the restriction limiting eligibility to one plot per family should not disentitle persons who paid the full sale consideration at market rates, the Court permitted those General Category allottees, previously found in India Law Library Docid # 2425093
(468) THE PRINCIPAL CHIEF CONSERVATOR OF FOREST AND OTHERS Vs. SURESH MATHEW AND OTHERS[SUPREME COURT OF INDIA] 25-04-2025 Government Contracts & Tenders — Judicial Review — Scope of Interference: The power of judicial review in matters relating to government tenders and contracts is circumscribed — Courts should exercise restraint and interfere only if the process adopted or decision made by the authority is vitiated by mala fides, intended to favour someone, or is so arbitrary and irrational that no responsible authority acting reasonably and in accordance with relevant law could have reached it, or if public inte India Law Library Docid # 2425094
(469) CENTRAL BUREAU OF INVESTIGATION Vs. SURENDRA PATWA AND OTHERS[SUPREME COURT OF INDIA] 25-04-2025 Banking Law — RBI Master Directions on Frauds — Administrative Action vs. Criminal Proceedings — An administrative action taken by banks under the RBI’s Master Directions (dated 01.07.2016) to classify a borrower’s account as fraudulent stands on a different footing from criminal proceedings (like registration of FIR and subsequent investigation by CBI/Police) initiated based on the detection of fraudulent activity — The former falls within the regulatory domain of the RBI and banks, while the l India Law Library Docid # 2425095
(470) RAJAT GAERA Vs. TARUN RAWAT[SUPREME COURT OF INDIA] 25-04-2025 Practice and Procedure — Expeditious Disposal — Stay of Trial Proceedings by High Court — Landlord-Tenant Disputes — Where the High Court has stayed the trial or original proceedings in cases, particularly those pending between landlord and tenant, such cases must be heard expeditiously — A stay of the trial inevitably leads to delay in the conclusion of the trial and the entire proceedings thereafter — High Courts should endeavor to dispose of those cases where trial has been stayed by India Law Library Docid # 2425103
(471) SAMAR DEBANGSI Vs. STATE OF WEST BENGAL[CALCUTTA HIGH COURT] 25-04-2025 Penal Code, 1860 — Sections 354 & 376 read with 511 — Outraging Modesty & Attempt to Commit Rape — Proof and Appreciation of Evidence — Appeal against conviction under Ss. 354 & 376/511 IPC — Court analysed evidence of prosecutrix (PW1) and other prosecution witnesses regarding the incident in a sugarcane field — Considered issues of delay in FIR, inconsistencies between FIR and deposition, non-exhibition of injury report, non-seizure of clothes by IO, and alleged land dispute motive India Law Library Docid # 2425160
(472) GOVINDA KRISHNA GUPTA AND OTHERS Vs. SIBA PADA DAS AND OTHERS[CALCUTTA HIGH COURT] 25-04-2025 Transfer of Property Act, 1882 — Section 58(c) — Mortgage by Conditional Sale vs. Sale with Condition of Repurchase — Distinction — A transaction where a sale deed is executed and a separate, contemporaneous agreement for reconveyance is executed between the parties does not constitute a mortgage by conditional sale under Section 58(c) of the TPA, especially in view of the Proviso added by Act 20 of 1929 which requires the condition of repurchase to be embodied in the same document that effects India Law Library Docid # 2425161
(473) SHAKUNTLA DEVI Vs. THE STATE OF UTTAR PRADESH[SUPREME COURT OF INDIA] 25-04-2025 Penal Code, 1860 — Section 306 — Abetment of Suicide — Ingredients — Course of Conduct — Proximate Cause — To establish the offence of abetment of suicide under Section 306 IPC, the prosecution must prove beyond reasonable doubt that the accused committed an active act or illegal omission which instigated the deceased or intentionally aided the deceased in committing suicide — A continuous course of conduct involving mental and physical torture, cruelty, and harassment (in this case, related to India Law Library Docid # 2425134
(474) M/S SRI VENKATESWARA CONSTRUCTIONS Vs. STATE OF ODISHA AND OTHERS[SUPREME COURT OF INDIA] 25-04-2025 Tender Law — Interpretation of Conditions — Income Tax Return — “Previous Financial Year” — Due Date for Filing — Section 44AB, Income Tax Act, 1961 — Where a tender notice requires submission of the Income Tax Return (ITR) for the “previous financial year” and the bid submission deadline falls before the statutory due date for filing the ITR for the immediately preceding financial year (especially for assesses subject to tax audit under Section 44AB of the IT Act, 1961, considering applicable e India Law Library Docid # 2425135
(475) MAMTA CHOUDHARY Vs. STATE OF RAJASTHAN AND OTHERS[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 25-04-2025 Rajasthan Municipalities Act, 2009 — Section 39(6) — Suspension of Member/Chairperson — Grounds and Judicial Review — Section 39(6) empowers the State Government to suspend a member (including a Chairperson) against whom proceedings for removal under Section 39 have commenced, pending conclusion of the inquiry — While suspension is not a penalty and is normally ordered when allegations of misconduct or corruption are under scrutiny, the power, especially concerning elected public representatives India Law Library Docid # 2425476
(476) DR. DEVA RAM SHIVRAN Vs. THE STATE OF RAJASTHAN AND ANOTHER[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 25-04-2025 Constitution of India — Articles 14, 16, 21 and 41 — Rights of Persons with Disabilities Act, 2016 — Sections 2(h), 2(r), 2(s), 3, 20, 21 — Discrimination in Public Employment — Non-Benchmark Disability — Medical Unfitness for one Cadre but Fitness for Similar Cadre — Denying a meritorious candidate appointment to a preferred non-technical service cadre (like Rajasthan Administrative Service - RAS) solely on grounds of a visual impairment (Congenital Nystagmus) that does not meet the 40% benchma India Law Library Docid # 2425477
(477) PHOOL CHAND Vs. RAJ KUMAR AND ANOTHER[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 25-04-2025 Civil Procedure Code, 1908 — Order 7 Rule 11 — Rejection of Plaint — Suit Barred by Limitation — Oral Agreement — A suit based on an alleged oral agreement (for sale of property) entered into several years prior (in this case, an agreement of 1996 for which a suit was filed in 2023) is prima facie barred by limitation — An application under Order 7 Rule 11 CPC for rejection of such a plaint on the ground of limitation should be allowed if the plaint, on its face, discloses that the suit is time- India Law Library Docid # 2425478
(478) NIRANJAN SINGH KAURAV Vs. MADHYA PRADESH GRAMIN BANK AND ANOTHER[MADHYA PRADESH HIGH COURT] 25-04-2025 Service Law — Departmental Enquiry — Acquittal in Criminal Trial on Same Facts — Effect on Disciplinary Proceedings — When departmental proceedings and criminal proceedings are based on an identical and similar set of facts, charges, evidence, and witnesses, and the employee is honorably acquitted in the criminal trial after a full contest, the findings of guilt in the departmental enquiry are not sustainable — If the star witness for the prosecution (complainant in a trap case) deposes in the c India Law Library Docid # 2425541
(479) KAMLABAI Vs. RAJENDRA SINGH AND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 25-04-2025 M.P. Panchayat (Election Petition, Corrupt Practices and Disqualification for Membership) Rules, 1995 — Rule 3 — Presentation of Election Petition — Mandatory Requirements — Rule 3 mandates that an election petition shall be presented to the specified officer either by the person making the petition or by a person authorized in writing in this behalf by the petitioner — Presentation by an advocate under a general vakalatnama without specific written authorization to present the petition is not a India Law Library Docid # 2425542
(480) MANOHAR LAL Vs. PUNJAB STATE ELECTRICITY BOARD, PATIALA THR. ITS SECRETARY AND ANOTHER[PUNJAB AND HARYANA HIGH COURT] 25-04-2025 Electricity Act, 1910 — Section 26(6) — Dispute regarding correctness of meter — Estimation of energy supplied — Penalty for fake meter seals — Where an electricity meter was found intact in a prior inspection (26.11.1985) but its seals were allegedly found fake in a subsequent inspection (13.05.1986), the liability for penalty, if any, under Section 26(6) of the Act should be determined by considering the default period at best from the date of the last correct inspection to the date of the fre India Law Library Docid # 2425552