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 - Hindu Ancestral Property – Challenge to Sale Deed by Daughters – Property Not Ancestral – Appeal Allowed – Plaintiffs (daughters) filed suit challenging the sale of agricultural land by their father (defendant No. 2) to his brother (defendant No. 1), claiming it was ancestral and coparcenary property – Both Trial Court and First Appellate Court d...

Constitutional Law - Presidential Reference under Article 317(1) - Public Service Commission – Meaning of Misbehaviour – Article 317 of the Constitution – Wider Interpretation Affirmed – The Court reiterated that ‘misbehaviour’ under Article 317 must be interpreted widely in the context of the constitutional position held by members of Public Service Commissions...

Civil Law – Return of Plaint – Order 7 Rule 10 CPC – Dismissal Set Aside – Trial Court dismissed suit despite holding it lacked jurisdiction, which was upheld in first appeal – Held: When a court concludes it lacks jurisdiction over the subject matter, it must return the plaint without deciding other issues – Dismissal was erroneous and legally impermissible &nd...

Civil Appeal – Execution Proceedings – Scope of Order 21 Rule 102 CPC – Appeal Allowed – The appellant, a bona fide purchaser of property from a third party (Rizvi Estate), challenged the Bombay High Court (Goa Bench) order dated 25/07/2022 that had closed the enquiry under Order XXI Rules 97 and 101 CPC by applying Rule 102 CPC – Supreme Court held that Rule 102 bars...

Civil Writ –  Environmental Law - Quarry Operations – Challenge to Stop Memo and Licensing – Section 233A Kerala Panchayat Raj Act – Stop Memo Set Aside – Deemed Licence Upheld – The petitioners approached the Court seeking to stop quarry operations conducted by the 3rd respondent alleging nuisance, environmental degradation, damage to property, and road de...

Tenancy Law - Eviction – Bona Fide Requirement – Section 11(3) of Rent Control Act – Appeal Dismissed - Landlords sought eviction for starting a steel and cement business in the tenanted premises – Both Rent Control Court and Appellate Authority found the need bona fide – Tenant challenged findings on grounds of landlord affluence, poor access road, and absence of bui...

Civil Law – Recovery and Mortgage Suit – Loan of ₹50 Lakhs – Mortgage by Deposit of Title Deeds – Preliminary Decree Passed – Defendant borrowed ₹50 lakhs and created equitable mortgage by depositing original title deeds – Defendant acknowledged debt through reply notice agreeing to repay within 30 days – Upon failure, suit filed for recovery and sale ...

Service Law – Seniority Dispute – Bona Fide Correction Permissible – Appeal Dismissed – Appellant's seniority was initially fixed on the basis of incorrect date of appointment (01.01.1978 instead of 17.01.1978) – Upon correction, his position was changed from Serial No.23 to 47-A – Held: Authorities have the right to rectify bona fide mistakes in seniority l...

Criminal Writ - Maintainability under Article 227 – Challenge to Orders in Criminal Proceedings – Petition Held Maintainable – Objection to maintainability overruled as Article 227 permits interference in exceptional circumstances involving miscarriage of justice, even when alternate remedy under Section 482 CrPC exists – Petition entertained as interim relief had already b...

  Public Interest Litigation – Health Hazards from Mobile Towers – Petition Dismissed – Petitioners sought removal of telecommunication towers from residential areas on the ground of adverse health impacts including cancer, high blood pressure, and sleep disorders – Court held that apprehensions of health hazards due to electromagnetic radiation are not supported by...