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

Election Petition – Maintainability – Requirement of Material Facts – Section 83(1)(a) RP Act – Petition Dismissed - The petitioner alleged non-disclosure of assets, liabilities, and arbitral awards by the returned candidate and sought invalidation of the election – The Court held that the Election Petition lacked concise statement of material facts and failed to show...

Constitutional Validity of Electricity Duty – Inter-State Sale – Constitutional Bar – Section 3 of the A.P. Electricity Duty Act and M.P. Electricity Duty Act – Taxation Not Permissible – The States of Andhra Pradesh and Madhya Pradesh levied duty on inter-State sales of electricity by NTPC Ltd. – Held: Electricity is 'goods', and its inter-State sale at...

Civil Law - Succession – Scheduled Tribe – Application of Indian Succession Act – Appeal Dismissed – The appellants challenged judgments declaring the plaintiff/respondent as the successor to agricultural land formerly owned by Tulsabai (widow of Gamna), asserting absence of adoption and claiming title based on ancestral gift and possession – Held: No exemption under ...

Civil Law - Motor Accident Claim – Liability of Registered Owner – Vehicle Uninsured – Compensation Liability Affirmed – Offending scooter involved in accident was admittedly uninsured – Registered owner argued that vehicle was taken by respondent-driver without authority and that driver had agreed to bear compensation liability – Held: Registered owner cannot e...

Matrimonial Law - Divorce and Restitution of Conjugal Rights – Allegations of Cruelty and Desertion – Appeals Dismissed – Appellant/Husband challenged the Family Court’s common order dismissing his divorce petition and allowing the respondent/wife’s petition for restitution of conjugal rights – Allegations of mental, financial, and emotional cruelty were not sup...

Admission to Medical Courses – Article 371D – Definition of Local Candidate – High Court Expanded Definition – Orders Set Aside – The High Court widened “local candidate” beyond the Presidential Order and Rules of 2017/2024 by accepting residence certificates as eligibility – Held: Legislative and executive wisdom in framing rules consistent with the...

Civil Writ - Compensation – Multiplier Method – Article 21 of the Constitution – Compensation Upheld – On direction of the Court, former Chief Justice Y.V. Chandrachud quantified compensation for deceased and injured victims using the multiplier method – Held: Multiplier method is well-established and was rightly applied after considering principles from prior rulings...

Constitutional Law – Disqualification of Convicted Person – Appointment of Chief Minister – Article 164 read with Articles 173 and 191 of the Constitution – Section 8(3) of the Representation of the People Act, 1951 – Appointment Quashed – A person convicted and sentenced to imprisonment for not less than two years under the Prevention of Corruption Act cannot b...

Urban Development – Discretionary Allotment – Section 30 of the HUDA Act – Held Invalid Prospectively – The discretionary allotments of plots made by the Government of Haryana under Section 30 of the HUDA Act were challenged – The High Court invalidated such allotments and laid down new guidelines – Supreme Court held that decisions made under earlier precedent ...

Service Law – Ad Hoc Service – Not Countable for Seniority and Pay Fixation – Rule Position Applied - Respondents were appointed as Horticulture Inspectors on ad hoc basis and later regularised – High Court directed inclusion of ad hoc service for pay fixation, seniority, and selection grade benefits – Supreme Court held that ad hoc service cannot be counted for such ...