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

Permanent Injunction – Lawful Possession Under Registered Lease – Protection Granted – Plaintiff obtained a mining lease under G.O.Ms.No.48 dated 25.02.2012 for pyrophyllite mineral excavation – Registered lease deed and mining work orders established lawful possession – Held: Possession under lease being lawful, plaintiff is entitled to protection from interference b...

Service Law – Recruitment Cancellation – Statutory Rules vs. Executive Instructions – Executive instructions cannot override statutory rules framed under proviso to Article 309 – NRP 2018 being an executive policy lacked statutory force – Recruitment process under Tripura State Rifles Act/Rules, TCS/TPS Rules, and Boilers Act governed by statutory framework – He...

Civil Law – Ex-Parte Order Passed Without Service of Summons – Recalled Subject to Cost – The petitioner-defendant challenged an ex-parte order passed in a suit where no summons was served on him under Order 5 Rule 1 CPC – Despite entering appearance via caveat and participating in injunction proceedings, the court had not recorded his appearance or fixed a date for filing ...

Delay Condonation – Condonation of Delay under Section 5 of Limitation Act – Liberal Approach Not Absolute – Application for condonation of 331-day delay in filing revision against acquittal under Section 326 IPC dismissed – Held: Petitioner failed to provide cogent, bona fide or satisfactory explanation for the delay – General claims of poverty and difficulty arrangi...

Service Law - Disciplinary Proceedings – Interference with Findings – Article 136 of Constitution – Appeal Dismissed – The appellant, a CISF constable, was charged with misconduct for being found in a civilian residential area without justification, resulting in public uproar – Though charge of leaving camp without permission was not sustained, the Supreme Court uphel...

Motor Vehicles – Motor Vehicle Tax – Scope of ‘Public Place’ – Section 3 of A.P. Motor Vehicles Taxation Act, 1963 – Rule 12A of A.P. Motor Vehicles Taxation Rules, 1963 – Interpretation – Liability to pay tax arises only when motor vehicle is used or kept for use in a public place – Appellant’s vehicles used exclusively within the restri...

Slum Rehabilitation Scheme – Deemed NOC under Regulation 2.8 of DCPR 2034 – Petition Allowed - Developer sought implementation of approved SRA scheme including D.P. Road occupants as PAPs, but faced obstruction despite fulfilling pre-conditions including deposit of rent and eligibility certification – Held: MCGM’s NOC was deemed granted after 60 days under Regulation 2.8 &n...

Electricity Tariff Dispute – Redetermination of Tariff – Section 86(1)(b) of the Electricity Act – Appeal Dismissed – The appellant, M/s. KKK Hydro Power Ltd., sought enhanced tariff for its entire 4.90 MW hydel power project based on a supplementary Power Purchase Agreement (PPA) dated 10.09.2010, executed without prior approval of the Himachal Pradesh Electricity Regulato...

Civil Law - Rejection Of Plaint  - Order VII Rule 11 CPC  - Maintainability of Suit – Tenant Seeking Cancellation of Sale Deed – No Locus Standi – Plaintiff-tenant filed a suit seeking cancellation of a sale deed executed by landlord in favour of a third party, claiming peaceful possession since 2008 – Held: Tenant, not being the owner, cannot challenge the validi...

Matrimonial Law – Adultery Allegations – Impleadment of Paramour – Privacy and Disclosure – Divorce Proceedings – Interlocutory Orders – Admissibility of Electronic Evidence – Right to Fair Trial – Family Court Powers Impleadment of Paramour – Necessity in Divorce Proceedings – Order I Rule 10 CPC – Impleadment Upheld – The...