Inordinate Delay Cannot Be Condoned Without Reasons: Supreme Court Slams Madhya Pradesh High Court for Casual Approach in Condoning 1612 Days’ Delay Constitutional Rights & Witness Protection | State Authorities Cannot Victimise Litigants for Approaching Court: Supreme Court Review Jurisdiction is Not an Appeal in Disguise: Supreme Court Dismisses Konkan Railway’s Plea Over Employee’s Resignation Withdrawal Sexual Harassment Complaint Can Be Inquired by ICC at Woman’s Workplace Even if Accused Works Elsewhere: Supreme Court Settles Jurisdiction Under POSH Act Mandate Expired, Arbitrator Functus Officio: Supreme Court Orders Substitution After Delay in Arbitral Award Mere Delay in Execution Cannot Defeat Specific Performance Decree: Supreme Court Restores Buyer’s Right Despite 87-Day Delay Granting protection from arrest after refusing to quash the FIR is nothing short of backdoor anticipatory bail: Supreme Court Warns High Courts Against Judicial Overreach Routine Discord Is Not Cruelty: Supreme Court Quashes FIR Against Husband, Cautions Against Misuse of 498A IPC in Matrimonial Disputes State Cannot Name Villages After Individuals in Violation of Its Own Policy: Supreme Court Quashes Rajasthan’s Naming of ‘Amargarh’ and ‘Sagatsar’ as Arbitrary Deficiency in Service Not the Same as Medical Negligence: Supreme Court Upholds WB Clinical Commission’s Power to Award Compensation for Deficiency in Patient Care Bail Cannot Be Granted By Ignoring Prior Misuse Of Liberty: Supreme Court Cancels Bail In Case Where Accused Allegedly Murdered Prime Witness After Release Income Tax | Enduring Advantage Is Not Always Capital: Supreme Court Allows Deduction of Non-Compete Fee as Revenue Expenditure When Liberty is Made Conditional, the Constitution is at Risk: Supreme Court Allows Passport Renewal Despite Pending Criminal Cases Section 311 CrPC Is Not a Gateway for Speculative Testimony: Supreme Court Bars Minor Child’s Examination 7 Years After Dowry Death Truth May Wear Rags, But It Must Be Recognized: Supreme Court Upholds Conviction in Murder Case Despite Minor Inconsistencies in Eyewitness Testimony Supplemental Agreements Signed Under Economic Duress Are Void—Contractor Entitled to Verified Payments Despite No Damages for Delay: Kerala High Court Mere Cruelty Does Not Amount to Abetment of Suicide: Karnataka High Court Overturns Husband’s Conviction Under Section 306 IPC Marriage Was Only a Label, and Her Return Was Conditional on Dowry: Delhi High Court Affirms Husband’s Conviction for Dowry Death, Acquits In-Laws Due to Lack of Specific Evidence High Courts Hold the Hammer: Allahabad HC Affirms Jurisdiction in Enforcement of Domestic Awards in International Commercial Arbitrations Passengers’ Statements Not Mandatory in Domestic Enquiries: P&H High Court Upholds Dismissal of Conductor for Fare Embezzlement No Opinion, No Change: Madras High Court Upholds Reassessment Under Section 147 for Excess 80HHC Deduction Admitted Signature, No Defence, Yet Acquitted: Madras High Court Finds Trial Court Erred, But Dismisses NI Act Appeal As Infructuous After Accused's Death Incomplete Bids Must Remain Drafts: Karnataka High Court Upholds Exclusion of Contractor for Failing to Submit Final Tender Audit Report Alone Is Not Proof of Loss: Himachal Pradesh High Court Rejects ₹2.54 Crore Insurance Claim Filed by Co-operative Bank for Employee Fraud Trial Court Cannot Dismiss Suit While Returning Plaint for Lack of Jurisdiction Without Complying with Order 7 Rule 10-A: Madhya Pradesh High Court

"CIVIL LAW" Digest

Limitation Law - Motor Accident Claim – Disbursement of Compensation – Review Rejected – Delay Not Condoned – Appellant sought review of Tribunal's disbursement order alleging unfair distribution of compensation among legal heirs – Tribunal rejected review on grounds of delay (6 months, 22 days) and absence of medical evidence – High Court affirmed dismissal...

Service Law – Writ - Compulsory Retirement – Public Interest – Clause 22(2) FCI Staff Regulations – Writ Dismissed – Petitioner challenged the order of compulsory retirement and subsequent rejection of representation, contending non-consideration of satisfactory service record in preceding five years and recent promotion – Held: Reviewing Committee rightly consi...

Civil Law - Commission Report – Re-inspection of Property – Order XXVI Rule 9 CPC – Remand Ordered – Petitioners (defendants) challenged Trial Court’s rejection of their request to re-entrust commission to Advocate-Commissioner to measure suit schedule property – Trial Court held re-entrustment impermissible as objections to commission report already filed &ndas...

Civil Writ - Minority Institution – Appointment Approval – Article 30 Protection – Approval Mandated – Petitioners appointed after advertisement, interviews, and panel preparation by Christian minority schools – DI rejected approval citing non-compliance with Notification No. 1314 – Held: Minority institutions protected under Article 30 have autonomy in staff ap...

Waqf Law - Maintainability of Writ Petition – Challenge to Waqf Tribunal Order – Articles 226 and 227 – Writ Petitions Held Maintainable - The petitioners questioned the legality of the Waqf Tribunal’s declaration of suit land as Waqf property – Objection raised by Opposite Parties that only a revision is maintainable under Section 83(9) of the Waqf Act – Held: ...

Civil Writ - Conversion Of Article 227 Petition Into An Appeal - Arbitral Award – Rejection of Objections under Section 34 – Article 227 Petition – Maintainability Disputed – The petitioner challenged the rejection of objections under Section 34 of the Arbitration Act via a petition under Article 226, later converted to Article 227 – Respondents objected on the ground...

Civil Law - Title and Possession – Dismissal Confirmed – The appellants (plaintiffs) sought declaration of title, possession, and alternatively partition, over land alleged to be part of a tank acquired by their father – Trial Court and First Appellate Court concurrently found that the defendants were in possession for over 25 years, pursuant to a 1984 family partition, and plain...

Article 227 – Territorial jurisdiction – DRAT situs vs. DRT situs – Petition dismissed for want of jurisdiction – Petitioner challenged DRAT, Kolkata’s pre-deposit order (05.07.2024) and dismissal order (04.09.2024) arising out of DRT, Guwahati’s ex parte decree – Held: For challenges under Article 227 to orders of an appellate tribunal (interim or final) ...

Public Interest Litigation – Government Resolution establishing Additional Tahsildar office – Sections 4, 7 & 13, Maharashtra Land Revenue Code – Scope of power – GR dated 18.07.2023 created office of Additional Tahsildar at Kasar Shirsi, allocating 63 villages under its jurisdiction – Petitioners contended that such creation amounted to constitution/reconstitutio...

Civil Law  – Specific Performance of Agreement to Sell New Tenure Land – Appeal Dismissed – Plaintiff sought enforcement of a 1980 agreement to sell land which was then classified as new tenure agricultural land – No permission under Section 43 of Gujarat Tenancy Act obtained – Both Trial Court and First Appellate Court rejected plaint under Order VII Rule 11 &nd...