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

Divorce Petition – Amendment of Pleadings – Order VI Rule 17 CPC – Amendment sought after framing of issues – Not barred if facts arose subsequently or due diligence shown – No new cause of action; only elaboration of cruelty ground – Amendment rightly allowed – Petition dismissed [Paras 12-19]. Amendment of Pleadings – Trial commencement – ...

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...

Tenancy Protection – Section 3(2)(b), TN Cultivating Tenants Protection Act – Grounds of eviction – Allegations of felling trees, digging pits, constructing huts – Revenue Court relied on Commissioner’s report from earlier civil suit and ordered eviction – High Court affirmed – Held: No cogent evidence of destructive acts or negligence – Mere pruning...

Civil Procedure – Section 96 CPC – Registered Relinquishment Deed – Unilateral Cancellation Invalid – Appellant relied on unregistered “Deed of Cancellation” of 2010 relinquishment – Held: Such cancellation has no legal effect under Registration Act, 1908; remedy lies in separate cancellation suit, which is now time-barred – Exclusive ownership of Sh...

Delay Condonation – Article 227 – Law of Limitation – Delay of Over Three Years – Petition Dismissed – Defendants sought condonation citing Covid-19 and alleged ignorance of decree; Court found they were aware through counsel and execution proceedings; held gross negligence and indolence not excusable – Appellate Court rightly rejected delay condonation – ...

Succession Law – Letters of Administration – Second Grant on basis of Forged Will – Fraud on Court – Revocation Allowed – Probate of Will dated 4th April 1993 in favour of Dr. Feroze Duggan attained finality up to Supreme Court – Respondent suppressed material facts and obtained second Letters of Administration in 2022 on alleged Will dated 6th April 1993 &ndash...

Specific Performance – Agreement to Sell – Proof of Sale Transaction – Appeal Allowed – Plaintiff proved Ex. A1 agreement for sale of 11.538 cents at ₹70,000/cent and advance payment of ₹7 lakhs (87% of consideration); defendant’s plea of loan transaction rejected as unsupported by evidence – Held: Specific performance granted on deposit of balance with 8% i...

Lease Agreement – COVID-19 – Force Majeure Clause – Appeal Dismissed – Rent partially waived for lockdown period – Liquidated damages and penal rent claims rejected due to lack of actual loss – Amendment to Section 10 of Specific Relief Act held inapplicable to pre-2018 contracts [Paras 26-27, 44-46, 60-68]. Force Majeure – Lease Interpretation – ...