State Can’t Block SARFAESI Sale by Late Revenue Entries: Secured Creditor’s Charge Prevails Over Tax Dues: Punjab & Haryana High Court Slams Sub-Registrar’s Refusal Providing SIM Card Without Knowledge of Its Criminal Use Does Not Imply Criminal Conspiracy: P&H High Court Grants Bail in UAPA & Murder Case Importer Who Accepts Enhanced Valuation Cannot Later Contest Confiscation and Penalty for Undervaluation: Madras High Court Upholds Strict Liability under Customs Act Marriage Cannot Be Perpetuated on Paper When Cohabitation Has Ceased for Decades: Supreme Court Invokes Article 142 to Grant Divorce Despite Wife’s Opposition Ownership of Trucks Does Not Mean Windfall Compensation: Supreme Court Slashes Inflated Motor Accident Award in Absence of Documentary Proof Concealment of Mortgage Is Fraud, Not a Technical Omission: Supreme Court Restores Refund Decree, Slams High Court’s Remand State Reorganization Does Not Automatically Convert Cooperative Societies into Multi-State Entities: Supreme Court Rejects Blanket Interpretation of Section 103 Indian Courts Cannot Invalidate Foreign Arbitral Awards Passed Under Foreign Law: Madhya Pradesh High Court Enforces Texas-Based Award Despite Commercial Court’s Contrary Decree Sudden Quarrel over Mound of Earth — Not Murder but Culpable Homicide: Allahabad High Court Eligibility Flows from Birth, Not a Certificate Date: Delhi High Court Strikes Down Rule Fixing Arbitrary Cut-Off for OBC-NCL Certificates in CAPF (AC) Recruitment Bar Under Order II Rule 2 CPC Cannot Be Invoked Where Specific Performance Was Legally Premature Due To Statutory Impediments: P&H High Court Once a Court Declares a Department an Industry Under Section 2(j), State Cannot Raise the Same Objection Again: Gujarat High Court Slams Repetitive Litigation by Irrigation Department “How Could Cheques Issued in 2020 Be Mentioned in a 2019 Contract?”: Delhi High Court Grants Injunction in Forged MOA Case, Slams Prima Facie Fabrication

"CIVIL LAW" Digest

Civil Writ - Right to Travel Abroad – Article 21 – DRT Jurisdiction – Recovery Officer imposed conditions requiring ₹50 crores deposit/surety for permitting petitioner to travel to USA – Held: DRT has no statutory power to restrain or condition foreign travel; such power must arise from “enacted law” – No such law exists in RDDBFI Act or Rules – Co...

Consumer Law – Maintainability of Writ – Challenge to National Commission Orders – High Court holds that although writ under Article 226 is maintainable against National Commission orders, such jurisdiction is to be exercised sparingly and ordinarily declined when Article 227 remedy exists – Petitioner’s challenge rejected as findings of Consumer Fora were concurrent,...

Taxation Law - Excise Duty – Exemption – Use of Power – Clubbing of Units – Appellant sought to deny exemption under Notification No. 5/98-CE to Unit No.1 alleging that entire manufacturing process, including stages at Unit No.2, involved power – Supreme Court held that even if units are separate entities, when their processes are integrally connected and collectively...

Land Acquisition – Market Value – Potentiality – Comparable Sales – Enhanced Compensation Upheld – Berna kissam land situated near Bargarh Railway Station, Mission Hospital, Church, Spinning Mill and Sugar Factory – Claimant’s evidence on potentiality unrebutted – Reference Court fixed Rs.500 per decimal as market value against Rs.80 per decimal awar...

Service Law – Recovery from Pension – Rule 2.2(a) PCS Rules – Consent Mandatory – Petitioner retired as Executive Officer from Municipal Council, Kaithal – Recovery of ₹6,63,688/- made from pension account in 2021 without prior notice or consent – Held: Recovery without consent is impermissible under Rule 2.2(a) of Punjab Civil Services Rules, Volume II and Ru...

Family Law – Custody and Visitation – Maintainability of Injunction Suit by One Parent Against the Other – Family Court Suit – Respondent-mother filed a suit seeking permanent injunction restraining the petitioner-father from contacting the child or school staff – Petitioner-father filed application under Order VII Rule 11 CPC seeking rejection of plaint – Famil...

Payment of Gratuity – Delayed Payment – Statutory Interest – Controlling and Appellate Authorities awarded 10% interest on delayed gratuity payment under Section 7(3A) of the Payment of Gratuity Act – Petitioner-Bank challenged the rate, relying on a coordinate bench order allowing only 6% interest – Court held 10% interest remains valid and enforceable as per Central...

Slum Rehabilitation – Preferential Right of Owner – Conflict between prior developer and subsequent purchaser of land declared as slum area – Appellant sought mandamus for acquisition of subject property under 2015 CEO-SRA order – Held: As per Tarabai and Saldanha Real Estate rulings, acquisition under Section 14 cannot proceed unless owner’s preferential right is ext...

Constitution of India – Article 243-D – Reservation in Local Bodies – Triple Test Compliance – OBC Reservation – Held: The State Election Commission complied with the 'Triple Test' mandated by the Supreme Court in Vikas Gawali – (1) A dedicated Commission was appointed; (2) Rigorous empirical inquiry was conducted (based on 2022 data); (3) Total reservat...

Indirect Tax – Informer Reward Scheme – Maintainability of Writ – Informer’s Right – Petitioner claimed entitlement to reward under CBEC Notification dated 31.07.2015 for providing information against M/s Shakti Enterprises leading to tax demand and penalty – Order-in-original dated 06.12.2023 raised demand, later modified by order-in-appeal dated 15.07.2024 red...