Admitted Signature, No Defence, Yet Acquitted: Madras High Court Finds Trial Court Erred, But Dismisses NI Act Appeal As Infructuous After Accused's Death Trial Court Cannot Dismiss Suit While Returning Plaint for Lack of Jurisdiction Without Complying with Order 7 Rule 10-A: Madhya Pradesh High Court Mutation Entry Cannot Be Denied Merely Because It Is Based on a Will – Supreme Court Clarifies Scope of Mutation under MP Land Revenue Code Dismissal for Second Marriage While First Wife Alive Not Harsh or Disproportionate: Supreme Court Restores CISF Constable’s Removal, Slams High Court for Acting as Appellate Body “Revisions Do Not Die With the Revisionist”: Supreme Court Says Criminal Revision Cannot Abate Merely Because the Informant Dies Forest Officer Cannot Decide Land Ownership: Supreme Court Cancels Claim Over 102 Acres in Telangana's Gurramguda Forest Block Vicarious Liability Under Section 141 Doesn't Automatically Exempt Deposit Under Section 148 — 'Whether a Director Can Escape Statutory Deposit Due to Company’s Legal Snag Must Be Decided Case-by-Case'" – Supreme Court Dowry Is Not Just A Crime, It’s A Constitutional Betrayal: Supreme Court Issues Nationwide Directions For Dowry Law Enforcement Once Proved Cruelty Inflicted Soon Before Her Death, Presumption Under Section 113B Evidence Act Applies Automatically: Supreme Court Age Determined by Medical Test Must Allow Margin of Error; A Juvenile Cannot Be Treated as an Adult: Supreme Court Section 45A of Employees’ State Insurance Act Cannot Be Used When Records Are Produced: Supreme Court Quashes ESI Corporation’s Order Against Carborandum Universal No Constitutional Bar on MPs Becoming State CM or Deputy CM: Allahabad High Court Upholds 2017 Appointments, Dismisses PIL Challenging Dual Role Review Is Not an Appeal in Disguise: Bombay High Court Slams Frivolous Review, Imposes ₹50,000 Cost

"CIVIL LAW" Digest

Judicial Services – Eligibility Criteria – Telangana State Judicial Service Rules, 2023 – Rule 5(5.1)(a) restricting eligibility to advocates practicing in Telangana High Court or its subordinate courts for not less than 7 years – Petitioners challenged rejection of their applications on ground of discrimination and violation of Articles 14 and 233 – High Court dismis...

Consumer Law – Builder-Buyer Dispute – Refund with Interest – NCDRC’s 9% interest enhanced to 18% – Developer charged buyer at 18% for delay; equity demands same rate for refund – Appeal partly allowed. Consumer Protection – Real Estate Delay – Interest on Refund – Builder failed to deliver possession of plot booked by appellant in 2006 desp...

Tenancy Law - Civil Procedure – Partnership Dispute – Order 30 Rule 8 CPC – Eviction Petition – Respondents filed eviction petition against M/s Indian Furniture Store through alleged partner Satish Grover – Petitioner filed application under Order 30 Rule 8 CPC read with Section 151 CPC, contending that his appearance be treated as under protest and Court must first d...

Tax Law – Constitutional Validity – Article 304(a) – Discriminatory Tax Exemption – Notification issued by State of Rajasthan under Section 8(3) of VAT Act exempting tax on sale of asbestos cement sheets and bricks containing 25% fly ash or more manufactured within the State – Appellants, who manufactured similar goods outside Rajasthan, challenged the notification as...

Land Grants – Portuguese ‘Alvaras’ – Lex Specialis – Organisation Agraria (1919) governs emphyteutic concessions in Dadra & Nagar Haveli – 1917 Law is general; OA is special and self-contained – Article 12 OA permits rescission for non-cultivation “without any formal procedure” – Held: OA applies; recourse to 1917 Law Art. 307 foreclo...

Civil Writ - Disability Rights – Accessibility of Currency and Digital Banking – Public Interest Litigation – Petitioners sought directions for RBI and Union of India to withdraw inaccessible banknotes, redesign currency (esp. ₹50 note) with tactile/identification features, and ensure accessibility of coins, ATMs, digital platforms, and future e-rupee – High Powered Commi...

Advocates Act – Disciplinary Proceedings – Reference under Section 35 – Bar Council referred complaint to Disciplinary Committee by cryptic order without recording reasons – Held: Such order invalid – Recording of reasons to believe misconduct is sine qua non – Reference order must show application of mind – Cryptic referral cannot be sustained [Paras 35-3...

Advocates Act – Professional Misconduct – Bar Council of India – Suspension for Three Years – Supreme Court dismisses statutory appeal; imposes ₹1,00,000 costs; directs Collector to attach properties for recovery; Bar Council not to renew licence without prior permission; compliance report to Supreme Court upon completion of sentence [Paras 2-6].   Professional...

Second Appeal – Order XLI Rule 27 CPC – Non-consideration of additional evidence despite High Court’s earlier direction – First appellate judgment set aside and matter remanded – Appeal allowed [Paras 18-22]. Maintainability of Second Appeal – Scope under Section 100 CPC confined to substantial questions of law – High Court cannot reappreciate evidence ...

Service Law - Probationary Service – Article 311(2) – Non-stigmatic termination during probation upheld – Writ petitions dismissed [Paras 25-34]. Issues for Determination – Validity of initiation of disciplinary proceedings by competent authority – Compliance with principles of natural justice – Whether termination order is stigmatic/punitive attracting Artic...