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

Civil Law - Court Fees – Suit for Rescission of Agreement to Sell – Liability to Pay Ad Valorem Court Fees – The petitioners filed a suit under Section 27 of the Specific Relief Act for rescission of an agreement to sell due to non-performance by the respondent – Trial Court directed payment of ad valorem court fees on the total sale consideration – Petitioners conten...

Matrimonial Law – Divorce - Forced Religious Conversion – Cruelty Under Special Marriage Act – Divorce Granted - The appellant, after marrying the respondent under the Special Marriage Act, coerced her to convert to Islam and change her religious identity – The Court held that forcing a spouse to convert constitutes cruelty under matrimonial law – Held: Forcing religi...

Matrimonial Law - Recovery of Istridhan – Evidence Upheld – Claim Justified – Wife sought recovery of 30 sovereigns of gold, ₹50,000/- as Acharam, and ₹1,00,000/- as pocket money, alleging misappropriation by the husband – Family Court accepted testimony of PWs 1 and 2 as credible and consistent – Held: The husband's vague approximation regarding the wife&rsqu...

Land Acquisition – Urgency Clause – Justification for invocation – Compliance with conditions – The petitioners challenged the acquisition proceedings on the ground that urgency was invoked without justification and without fulfilling the requirement of paying 80% compensation before taking possession – Held: Invocation of urgency clause was justified as the project a...

Civil Procedure – Interim Injunction – Construction of Lift – Appeal under Order XLIII Rule 1(r) CPC – Appellant sought to restrain respondent from constructing a lift alleging violation of NOC conditions, encroachment, privacy invasion, and structural instability – Trial court dismissed the application, allowing construction subject to statutory compliance – He...

Writ – Taxation Law - Exemption under Section 80G – Denial of Renewal – Non-Charitable Use of Funds Not Proven – The Commissioner of Income Tax rejected the petitioner-Trust’s application for continuation of exemption under Section 80G of the IT Act on grounds that the Trust allegedly did not engage in charitable activities and misused funds by making donations to unr...

Motor Accident – Just and Fair Compensation – Compensation Enhanced - The appellant, a primary school teacher, suffered serious injuries in a road accident due to negligent driving – The Tribunal assessed the disability at 10% and awarded Rs. 6,17,515/- – The High Court enhanced the amount by Rs. 60,000/- but did not fully account for the extent of injuries and losses suffe...

Motor Accident – Compensation – Future Prospects – Split Multiplier Rejected – Compensation Enhanced - The claimants sought compensation for the death of the deceased in a road accident – The Tribunal awarded ₹28,66,994/-, but the High Court reduced it to ₹19,66,833/- by applying a split multiplier approach, considering pre- and post-retirement income – The ...

Child Custody – Habeas Corpus – Welfare of the Child – Custody Granted to Father - The appellant-father sought custody of his minor child, who was living with his maternal grandparents after the mother’s demise – The High Court denied custody, granting only visitation rights – The Supreme Court held that the father, as the natural guardian, has a superior claim ...

Civil Writ - Reservation in Advocates’ Association Elections – No Legal Mandate – High Court Lacks Power Under Article 226 – Petitioners sought 50% reservation for SC/ST and backward communities in the Bengaluru Advocates Association elections, citing Article 14 – Supreme Court in Fozia Rahman v. Bar Council of Delhi and SCBA v. B.D. Kaushik had invoked Article 142 to...