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

Civil Law - Summary Suit – Leave to Defend – Order 37 CPC – Leave Granted – Respondent filed a summary suit under Order 37 CPC based on a document termed as an indemnity/guarantee signed by the appellant bank's manager – Trial Court and High Court denied leave to defend, holding the defence as sham – Supreme Court held that triable issues existed regarding t...

Acquisition Law - BDA Acquisition – Applicability of L.A. Act Section 11A/Section 6 – Not Applicable – The appellant sought to quash BDA acquisition contending that the award passed beyond Section 11A’s period caused lapse – Held: BDA Act is a special, self-contained code for planned development (List II Entry 5); it provides its own scheme for declaration (Section 19...

Electricity Act - Tariff Determination – Section 26 A.P. Electricity Reforms Act – Brief of Judgment – Annual tariff for 01.04.2000–31.03.2001 upheld by High Court – Before the Supreme Court, appellants urged that Section 26(9) procedure must be followed for tariff fixation and that Section 26(7) forbids classification/undue preference – Held: Annual tariff is d...

Article 30(1) – Minority Educational Institutions – Reference to Larger Bench – Eleven-Judge Bench – Questions Reframed – The Court, after hearing parties, reformulated comprehensive questions on (i) who are “minorities” and the unit for determination, (ii) scope of the right to establish and administer, including admissions/selection procedures in aided a...

Constitution Bench reference - Binding Precedent – Larger Bench vs Smaller Bench – Article 141 – Two-Judge Bench cannot take a view contrary to a prior Three-Judge Bench – The Court traced earlier PMS doctors’ litigation: Allahabad High Court and a Three-Judge Bench (24.11.1992) upheld counting seniority of temporary doctors from initial appointment – Later Two-...

  Motor Vehicles Permits – Liberalised Policy – Section 80 & 80(2) – High Court Orders Set Aside; STAT Orders Restored – Appellants’ mini-bus permits were stalled by relying on a State Scheme ratio and by remitting matters despite Section 80’s mandate – Held: Section 80(2) obliges authorities to “ordinarily” grant permits; attempts ...

Arbitration Law – Interim Measure – Section 9 Arbitration Act – Relief Granted – The Petitioner sought interim protection to secure claims arising out of breach of a Gas Supply Agreement (GSA) where the Respondent failed to meet the Minimum Guaranteed Offtake (MGO) – Held: Under Section 9, the Court is empowered to grant interim measures for protection of contractual ...

Property Law – Transfer of Immovable Property – Title Dispute – Appeal against concurrent findings of Trial Court and High Court decreeing plaintiff’s suit for possession, mesne profits, declaration, and injunction – Plaintiff relied upon Agreement to Sell, GPA, Affidavit, Receipt, and Registered Will to claim title – Supreme Court held that such documents do no...

Employment Law - Public Employment – Bonus Marks for District and Rural Residents – Articles 14 and 16 – Circular dated 10.06.1998 granting 10 marks to residents of the district and 5 marks to residents of rural areas within the district – Held unconstitutional – Classification based primarily on residence dilutes merit and lacks rational nexus with the object of impr...

Service Law - Pay Parity – Equal Pay for Equal Work – No Absolute Right – High Court's Direction Set Aside – The respondent association sought parity of pay scale for Personal Assistants (P.A.s) in the Haryana Civil Secretariat with their counterparts in the Central Secretariat under the Fourth Central Pay Commission – The High Court allowed the petition based on ...