Supreme Court Strikes Down Expulsion of Bihar MLC as Disproportionate, Orders Immediate Reinstatement Private Banks Not Subject to Writ Jurisdiction Under Article 226: Punjab & Haryana High Court Mere Allegation of Forgery is Not Enough: Madhya Pradesh High Court Dismisses Second Appeal in Partition Dispute When a Case is Made Out for Bail, Courts Should Not Hesitate: Kerala High Court Allows Bail Despite Commercial Quantity of Drugs Seized Retailers Cannot Be Prosecuted for Manufacturer’s Fault" – Karnataka High Court Quashes Case Against Pesticide Dealers Mere Issuance of a Cheque Does Not Prove Legally Enforceable Debt": Delhi High Court Upholds Acquittal in Cheque Dishonor Case Courts Cannot Ignore Urgent Repairs When Public Safety is at Stake: Calcutta High Court Upholds Trial Court's Order Mutation Entries Do Not Confer Ownership: Bombay High Court Rejects Premature Dismissal of Partition Suit No Substantial Question of Law – High Court Cannot Re-Appreciate Evidence Under Section 100 CPC: Andhra Pradesh High Court Injunction Cannot Be Granted Without Proof of Possession: Allahabad High Court Quashes Relief in Land Dispute Section 197 CrPC | Sanction for Prosecution is a Shield, Not a Sword: Supreme Court Quashes Criminal Case Against BIS Officer Landlord is the Best Judge of His Needs: Supreme Court Orders Eviction in Favor of Landowner Vijaya Bank TT Scam | Supreme Court Acquits Jeweller in ₹6.7 Crore Vijaya Bank Fraud Case, Orders Return of 205 Gold Bars Procurement Preference for Small Enterprises is a Legal Mandate, Not a Mere Policy: Supreme Court Rules in Favor of MSMEs Revisional Jurisdiction Cannot Be Invoked Against Interlocutory Orders of Commercial Courts: Orissa High Court Declares Section 8 Bar Absolute Victim’s Testimony Must Be of Sterling Quality to Be Sole Basis of Conviction: Kerala High Court Reduces Sentence of Pastor Convicted for Repeated Rape of Minor Providing Set-Top Boxes to Subscribers Constitutes Sale”: Karnataka High Court Upholds VAT on Tata Play Limited Mere Registration of FIR Cannot Justify Denial of Passport Renewal: Jammu & Kashmir and Ladakh High Court

"CIVIL LAW" Digest

Scope of Section 100 CPC – Exercise of Second Appellate Jurisdiction – High Court can interfere with lower courts’ findings only when there exists a substantial question of law – Interference with findings of fact not warranted unless perverse or based on no evidence – Held: The concurrent findings of the Trial Court and First Appellate Court dismissing the suit were ...

Civil Writ - Challenging the expulsion of the Petitioner from the Bihar Legislative Council - Judicial Review – Scope under Article 212 – Legislative Privilege Not Absolute – Maintainability of Writ Petition – The Respondents contended that the proceedings of the Bihar Legislative Council are immune from judicial review under Article 212(1) of the Constitution – Held:...

Civil Procedure – Exercise of Inherent Powers – Section 151 CPC – No Illegality in Trial Court’s Order – The Trial Court allowed the defendant's application under Section 151 CPC for repairing a dilapidated pillar supporting an extended roof – The Court reasoned that failure to undertake such repairs could cause irreparable loss to both parties – Held:...

Commercial Law – Rejection of Plaint – Order VII, Rule 11, CPC – The petitioner filed an application under Order VII, Rule 11, CPC, contending that the suit was barred by territorial jurisdiction as per the agreement between the parties – The trial court rejected the application, holding that the plaint disclosed a cause of action and was not barred by any law – Held:...

Civil Writ – Tender - Public Procurement – Rights of Micro and Small Enterprises – 25% Procurement Mandate – Enforceability of Procurement Policy – The petitioners, an MSE engaged in pharmaceutical manufacturing, challenged government tenders requiring high minimum turnover thresholds, preventing their participation – Contended that the Public Procurement Policy...

Writ Jurisdiction – SARFAESI Act - Maintainability Against Private Banks – Petition Dismissed – The petitioner, a borrower, sought directions against ICICI Bank (a private entity) for enforcement of SARFAESI proceedings, arguing that delays in auctioning the mortgaged property were increasing his financial liabilities – The Court held that a writ petition under Article 226 ...

Civil Writ - Passport Reissuance – Mere Registration of FIR Not a Ground for Denial – Held: The mere pendency of an FIR or ongoing investigation is not a ground for refusing the issuance or renewal of a passport – Under Section 6(2)(f) of the Passport Act, 1967, the bar applies only when proceedings are pending before a criminal court – Investigation alone does not qualify ...

Civil Law - Permanent Injunction – Grant Without Finding of Possession – Order Set Aside – The lower appellate court maintained the trial court’s dismissal of the suit for cancellation of the sale deed but granted a permanent injunction in favor of the plaintiff-respondent – The High Court held that an injunction cannot be granted without recording a clear finding of ...

Tenancy Law - Eviction Suit – Bona Fide Need – Landlord's Right to Choose Property for Use – The appellant-landlord sought eviction of the tenant for the purpose of establishing an ultrasound business for his two unemployed sons – The trial court decreed the suit, holding that the bona fide need was established based on financial capacity and suitability of the premises...

Civil Law - Partition Suit – Rejection of Plaint Under Order VII Rule 11 CPC – Grounds Must Be Apparent from the Plaint Itself – The defendants sought rejection of the plaint, arguing that the suit was barred by limitation and lacked a cause of action – The High Court held that under Order VII Rule 11 CPC, rejection of the plaint is permissible only if the defect is apparen...