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 No Notice, No Blacklist: Calcutta High Court Quashes Debarment Over Breach of Natural Justice Prosecution Must Elevate Its Case From Realm Of ‘May Be True’ To Plane Of ‘Must Be True: Orissa High Court Strict Compliance Is the Rule, Not Exception: Himachal Pradesh High Court Dismisses Tenant's Plea for Late Deposit of Rent Arrears When Accused Neither Denies Signature Nor Rebuts Presumption, Conviction Must Follow Under Section 138 NI Act: Karnataka High Court A Guardian Who Violates, Forfeits Mercy: Kerala High Court Upholds Natural Life Sentence in Stepfather–POCSO Rape Case Married and Earning Sons Are Legal Representatives Entitled to Compensation: Punjab & Haryana High Court Enhances Motor Accident Award to ₹14.81 Lakh Driver Must Stop, Render Aid & Report Accident – Flight from Scene Is an Offence: Madras High Court Convicts Hit-And-Run Accused Under MV Act Delay May Shut the Door, But Justice Cannot Be Locked Out: Gauhati High Court Admits Union of India’s Arbitration Appeal Despite Time-Bar Under Section 30 PC Act | Mere Recovery of Money Is Not Enough—Demand and Acceptance Must Be Proved Beyond Reasonable Doubt: Delhi High Court Allahabad High Court Slams Bar Council of U.P. for Ex Parte 10-Year Suspension of Advocate

"CIVIL LAW" Digest

Civil Writ - PIL - Urban Traffic & Parking – Judicial Directions – Calibration by Supreme Court – Parking charges and one-way systems – High Court’s directions modified – Chandigarh Administration to fix quantum of parking charges considering relevant factors – One-way traffic to be introduced where needed; relaxation only with recorded special reasons...

SYL Canal Decree – Article 131 suit to discharge/modify decree – Order 23 Rule 6 (SC Rules) – Res judicata – Execution under Article 142 – Applications allowed; Punjab’s suit rejected – Haryana’s I.A. for enforcement allowed; directions issued to Union of India to implement decree – No change of circumstances; decree not a “continuing&rdq...

Taxation Law - Promissory Estoppel – State representation to abolish purchase tax on milk – Punjab General Sales Tax Act, 1948 – Enforceability despite absence of notification – Held: Binding on the State – Highest executive authorities including Chief Minister and Finance Minister publicly announced abolition; circulars issued by Excise Commissioner directed field of...

Land Acquisition – Invocation of Urgency Clause – Sections 17(1) and 17(4) of the Land Acquisition Act – Notification Quashed – The appeals arose from a composite notification dated 06/03/1987 issued under Sections 4 and 17 for acquiring 14 requisitioned properties – Respondents challenged the acquisition citing lack of urgency and denial of objection rights – H...

Land Acquisition – Market Value – Section 4(1) Notification dated 17.11.1980 – Collector fixed Rs. 8,500/- per bigha; Reference Court enhanced to Rs. 76,550/- per bigha; High Court further enhanced to Rs. 345/- per sq. yd. (Rs. 3,45,000/- per bigha) relying on post-notification sales and Government schedule of rates – Held: Impermissible to base valuation on post-notificati...

Civil Contempt Jurisdiction – Scope and Limitations – High Court Misapplied Jurisdiction – The appellant challenged the High Court’s refusal to initiate contempt proceedings, where the learned Single Judge re-examined the correctness of an earlier order passed by another judge – Held: In contempt proceedings, the Court is only to consider whether the order has been co...

Land Acquisition – Determination of Market Value – Comparable Sale Instances – Reliance on Stamp Duty Valuation Improper – Notifications under Sections 4 and 6 were issued in 1988 and award passed in 1990 – Land Acquisition Officer relied upon a sale deed within the acquired land fixing compensation at Rs. 15.37 per sq. yard – Reference Court enhanced to Rs. 150...

Service Law – ACR/APAR – Limited Scope of Judicial Review – Writ Court not Appellate Over Tribunal – Where the Competent Authority gives reasoned orders on each adverse entry after examining records and partially expunges where warranted, Tribunal’s refusal to re-appraise is not perverse – High Court affirms that grading and personality-assessment are matters of...

Compassionate Appointment – Nature and Object – Articles 14 and 16 – Not a source of recruitment – Exception to the general rule of open competition to alleviate sudden financial crisis of the family due to death in harness – To be strictly governed by the applicable scheme/rules and financial condition of the family – High Court’s direction granting appoi...

Service Law – Promotion – Disability – Section 47(2) Disabilities Act – Respondent, a Railway employee, qualified in written test for promotion but declared medically unfit due to visual disability and denied appearance in viva voce – CAT directed reconsideration relying on Section 47 – High Court affirmed – Supreme Court held: Section 47(2) prohibits deni...