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

Electricity Act - Power Purchase Agreement – Delay in Transmission Infrastructure – No Automatic Relief – Appeal Allowed - Appellant invoked bank guarantee for delay in project commissioning by Respondent Developer due to non-readiness of transmission lines by KPTCL – Held: Contractual provisions require formal extension request under Article 5.7 or Force Majeure notice und...

Arbitration Law - Arbitration Agreement – Validity of Unsigned Contract – Arbitration Clause Enforceable - The appellant sought reference to arbitration under Clause 32.2 of a contract which was not signed by respondent No.1 – Supreme Court held that the contract was nevertheless acted upon: goods were supplied, Letters of Credit issued, and email confirmation exchanged – H...

Slum Rehabilitation – Preferential Rights of Landowner – Acquisition Quashed – Sections 3B(4)(e), 12(10), 13 and 14 of the Maharashtra Slums Act – Judgment affirms the preferential right of a landowner to redevelop land declared as a Slum Rehabilitation Area (SR Area) – Supreme Court upholds High Court’s decision to quash State acquisition of the land owned by I...

Acquisition of Church Trust - Slum Rehabilitation – Preferential Right of Landowner – Acquisition Proceedings Vitiated – Supreme Court affirmed that private landowners retain a preferential right to redevelop slum rehabilitation areas – SRA must issue a specific notice-cum-invitation under Section 13 before initiating acquisition – In present case, no such notice was ...

Service Law – Recruitment Process – Cancellation of Earlier Notification – Fresh Notification Valid – The erstwhile AP-Transco had initiated a recruitment process in 2011-12 which could not be completed due to litigation over weightage marks – Upon bifurcation of the State, TS-Transco issued a fresh notification in 2017 for Sub-Engineer (Electrical) posts and cancelle...

Maintainability of Review – Distinction Between Article 226 and Section 482 CrPC – Review Maintainable - Writ petition filed under Article 226 r/w Section 482 CrPC was decided ex parte without issuing notice to accused – High Court subsequently dismissed review petition as not maintainable, holding it was filed under Section 482 – Held: Since the original writ invoked Artic...

Civil Law - Maintainability of Suit under Section 92 CPC – Nature of Suit Must be Representative – Leave Upheld – The appellant-society challenged the Delhi High Court’s order granting leave under Section 92 CPC to respondents for instituting a representative suit – The plaint included allegations of gross financial impropriety, misconduct by trustees, and misadminist...

Civil Law - Execution of Decree – Section 51, Order 21 Rule 32, Order 17 of the CPC - Inordinate Delay – Judicial Dereliction – Despite decree being passed in 2014 and confirmed in RSA in 2017, execution filed in 2015 remained unresolved till 2025 – Multiple extension requests filed by Executing Court citing administrative difficulties and State non-cooperation – Held...

Civil Law - Injunction – Order 39 Rule 1 and 2 of CPC - Prima Facie Case – Co-sharer Rights – Injunction Denied – Lower appellate court granted interim injunction restraining petitioner from alienating suit land – Trial court had earlier rejected the injunction application – Held: Petitioner derived rights through a valid decree and registered Will from deceased...

Civil Law - Land Acquisition – Minority Educational Institution – Article 30(1A) of the Constitution – Colourable Exercise of Power – Acquisition Set Aside – The State, being constitutionally barred from directly acquiring the land of a linguistic minority school without a special law under Article 30(1A), entered into a compromise to acquire adjacent landowners&rsquo...