Auction Purchaser Has No Vested Right Without Sale Confirmation: Calcutta HC Upholds Borrower’s Redemption Right Under Pre-Amendment SARFAESI Law Mere Breach of Promise to Marry Doesn’t Amount to Rape: Delhi High Court Acquits Man in False Rape Case Father Is the Natural Guardian After Mother’s Death, Mere Technicalities Cannot Override Welfare of Child: Orissa High Court Restores Custody to Biological Father Assets of Wife and Father-in-Law Can Be Considered in Disproportionate Assets Case Against Public Servant: Kerala High Court Refuses Discharge Identification Without TIP, Electronic Records Without 65B Certificate – Conviction Set Aside: Patna High Court Nothing Inflicts A Deeper Wound On Our Constitutional Culture Than A State Official Running Berserk Regardless Of Human Rights: Jharkhand High Court Orders ₹1.5 Lakh Interim Compensation Dishonour Due to ‘Account Blocked’ Not Attributable to Drawer—No Offence Under Section 138 NI Act: Delhi High Court Quashes Criminal Proceedings Presumption Under Section 139 NI Act Cannot Be Rebutted By Mere Assertions: Delhi High Court Affirms Conviction In 32-Year-Old Cheque Bounce Case Signature Alone Doesn’t Prove Debt: Kerala High Court Upholds Acquittal in Cheque Bounce Case, Rejects Blanket Presumption Under Section 139 NI Act Justice Cannot Be Left to Guesswork: Supreme Court Mandates Structured Judgments in Criminal Trials Across India Truth Must Be Proven Beyond Doubt—Not Built On Flawed FIRs, Tainted Witnesses And Investigative Gaps: Supreme Court Acquits Man in POCSO Rape-Murder Case Once parties agree and reconciliation is impossible, a fault-based decree is unnecessary: Supreme Court Sets Aside Divorce on Desertion No Escape from Statutory Ceiling: Exclusive Expenditure by Foreign Head Offices Also Attracts Section 44C Income Tax: Supreme Court Loss Of A Child Cannot Be Calculated In Rupees, But Law Must At Least Offer Dignity In Compensation: Supreme Court Enhances Compensation Sessions Court Cannot Direct Life Imprisonment Till Natural Life Without Remission: Supreme Court Reasserts Limits on Sentencing Powers of Subordinate Courts ‘Continuously Means Without a Single Break’: Supreme Court Bars Expired-and-Renewed Licences From Police Driver Recruitment Chief Justice’s Power Under Section 51(3) Is Independent and Continuing: Supreme Court Upholds Kolhapur Bench Notification Last Seen Evidence Alone Cannot Sustain Conviction: Supreme Court Acquits Accused in Murder Case No Cultivation on Forest Land Without Central Clearance: Supreme Court Cancels Lease Over 134 Acres, Orders Reforestation Appointment from Rank List Must Respect Communal Rotation: SC Declines Claim of SC Waitlisted Candidate After Resignation of Appointee Supreme Court Dissolves 20-Year Estranged Marriage Under Article 142 Despite Wife’s Objection Murder Inside Temple Cannot Be Treated Lightly: Supreme Court Cancels Bail of Father-Son Convicts in Group Killing Case

"CIVIL LAW" Digest

Civil Procedure Code Amendments – Operative directions – Section 89 CPC, ADR & Mediation, Case Flow Management – Writs disposed with comprehensive directions – Supreme Court approves Committee Reports (ADR/Mediation Rules and Case Flow Management) and issues binding guidance on amended CPC provisions to secure speedy justice – High Courts to frame rules within fou...

Constitutional challenge to Banking Laws (Amendment) Act, 1984 - Customary Bonus in SBI – Effect of Section 43A SBI Act/Section 12A Undertakings Acts/Section 50A Subsidiary Banks Act – Prohibition upheld – Parliament introduced non obstante provisions barring any bonus to SBI/public sector bank employees except under the Payment of Bonus Act – Held: Customary bonus dehors t...

Election Petition – Allegation of Corrupt Practice – Section 123(3) of the Representation of the People Act – Dismissal Upheld – Appellant alleged that respondent’s election was vitiated as religious leaders made appeals to voters in his favour – Held: For corrupt practice under Section 123(3), appeal must be on the ground of “his” religion i.e., the...

Military Law – General Court Martial – Rule 34 of Army Rules – Mandatory Nature – Respondent charged under Army Act and tried by General Court Martial within less than 96 hours from being informed of charges – Supreme Court held that the 96-hour interval stipulated in Rule 34 is mandatory, not directory – Purpose is to ensure fair opportunity to the accused for ...

Accident Claim - Motor Vehicles Act – Compensation under Section 166 – Application of Second Schedule – Structured formula and multiplier – Reference to Larger Bench – Multiple appeals arising from dissatisfaction with quantum of compensation awarded in motor accident claims – Supreme Court examined whether the multiplier specified in the Second Schedule to the ...

Service Law – Dismissal Without Inquiry – Article 311(2) Proviso (b) – Rule 14(ii), Railway Servants (D&A) Rules – Impracticability of Inquiry – Assault on Railway Officer at Station – Delinquent employees accused of conspiring to assault a senior officer (DME) on his retirement day at railway station – Disciplinary authority invoked Rule 14(ii) citing...

Land Acquisition – Res judicata / evidentiary use of prior awards – No estoppel against State – Appeals maintainable – Judgments/awards in other acquisitions (same/nearby villages) have only evidentiary value and do not operate as res judicata or issue estoppel; State may contest entitlement, statutory limitations, and comparability even if it did not appeal in earlier matt...

Civil Writ - PIL - Service — Appointment to Key/Sensitive Post — Transparency and Propriety — Article 32 — Challenge to appointment of officer facing CBI charge-sheets and Commission inquiry as Chief Secretary — Held: Chief Secretary is a key post — the State should have awaited Commission report and avoided controversy — justice must appear to be done &md...

Land Acquisition – Market Value – Comparable Sales – Exclusion of DDA Brochure – Inclusion of Contemporaneous Sale Deeds – High Court wrongly relied on DDA brochure rates and excluded registered sale deeds for want of examination of parties – Supreme Court held: Allotment rates of small leasehold developed plots by DDA not reliable for determining market value o...

Freedom Fighter’s Pension – Discrepancy in Supporting Documents – Entitlement Denied – Respondent claimed eligibility under the Swatantrata Sainik Samman Pension Scheme, 1980 based on alleged jail term during freedom struggle – Different periods of imprisonment were stated in applications before State and Centre – Held: In absence of jail certificate or NARC and...