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

"CIVIL LAW" Digest

Partition Suit – Final Decree based on Mediator’s Report Ignoring Preliminary Decree – Set Aside – Trial court wrongly ordered auction sale despite binding preliminary decree directing allotment of specific properties – Held: Final decree must conform to earlier confirmed directions [Paras 9–17]. Partition Suit – Final Decree Contradictory to Preliminar...

Arbitration – Patent Illegality – Section 34(2A) Arbitration Act – Award Set Aside – Arbitrator’s reliance on unregistered and unproven documents held perverse – Loan agreement and letter of security challenged as forged and unsupported by financial capacity – Arbitrator failed to examine evidentiary burden and applicable legal standards – Award suff...

IBC – Section 9 Petition – Operational Debt Default – Admission of CIRP – Petitioner supplied goods worth over ₹6.81 crores, of which ₹1.91 crores remained unpaid despite demand notice – Respondent’s vague disputes and reliance on settlement agreement rejected – Held: Debt and default established, CIRP admitted, and moratorium declared [Paras 2-5, 9-15...

Review Jurisdiction – Order 47 Rule 1 CPC – No Error Apparent – Review Dismissed – Review petition challenging the judgment dated 02.05.2025 in W.P.(C) No.28874 of 2023 on the ground that the Court relied on fabricated documents and failed to consider original records – Held: No error apparent on the face of the record – Petitioners failed to show new evidence o...

Banking Law - SARFAESI Act – Section 14 – Nature of Magistrate’s power – Ministerial vs. adjudicatory – Powers exercised by Chief Metropolitan Magistrate/District Magistrate under Section 14 are purely ministerial – Magistrate not required or empowered to adjudicate disputes between borrower, secured creditor, or third parties – Duty limited to assisting s...

Agreement to sell (27.09.2005) – ₹15 lakh earnest – suit for double earnest – Money claim enforceable in personam; Clause 10 confers exclusive Amritsar jurisdiction – Panchkula court lacked jurisdiction – S.16(c) Specific Relief Act: purchaser failed to prove continuous readiness/financial capacity; NOC sought for nominees; no extension sought – Regular Second...

Specific Performance – Section 16(c) SRA – Subsequent Purchaser’s Right to Contest Readiness/Willingness – Remand Ordered – Trial Court decreed the suit; First Appellate Court affirmed without deciding Issue No.1 on plaintiffs’ readiness and willingness – Held: In light of Kadupugotla Varalakshmi, the plea of lack of readiness/willingness under Section 16(...

Rent—Order 15-A CPC—Scope of deposit obligation—Fixation of rent disputed—Second eventuality under O.15-A attracted—Upon judicial fixation, tenant must deposit arrears computed on the fixed rent up to the date of fixation and continue to deposit future rent as it falls due—Trial Court’s provisional fixation at ₹20,000 p.m. with arrears ₹21,10,000 from ...

Income Tax Act, 1961 – Ss.148 & 282 – reassessment notice sent by speed post (not registered post) without affixation – presumption of service u/s 27 GCA inapplicable – strict compliance mandatory – ITAT order set aside, reassessment quashed. Income Tax – Reassessment – Service of Notice – Speed Post Not Equivalent to Registered Post – A...

Partition - Injunction – Concurrent Findings Set Aside – Right of Passage Disputed – High Court reversed concurrent findings of both courts below that had granted injunction to plaintiffs based on oral partition and site plan – Held: Dimensions in site plan not aligned with memorandum of oral partition, showing excess area in plaintiffs’ possession – Plaintiffs&...