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

Service Law – Equal Pay for Equal Work – Part-Time Lecturers – Relief Granted – Petitioner, appointed as a part-time lecturer in a grant-in-aid college, demanded parity in salary on a pro rata basis in line with UGC norms and Sixth Pay Commission – Court held that qualifications, duties, and mode of selection being identical to full-time lecturers, the denial of propo...

Criminal Trial – Conviction for Grievous Hurt – Bite Mark Not Proved – Acquittal Granted – Petitioners were convicted under Sections 341, 323, 326, and 506 IPC for allegedly assaulting the complainant and biting off part of his ear – Trial Court and Sessions Court upheld conviction – Held: Medical evidence showed sharp, clean-cut wounds rather than abrasions typ...

Civil Appeal – Dispute Over Sale Agreement – Presumption under Section 118 of NI Act Rebutted – Appeal Allowed - Plaintiff alleged payment of ₹52,40,120/- under an oral agreement for return of sale consideration, supported by three cheques allegedly issued as acknowledgment – Trial court presumed consideration under Section 118 of the NI Act and decreed suit – Held:...

Civil Law - Specific Performance – Section 16(c), Specific Relief Act - Sale Agreement – Genuineness of Document Upheld – Plaintiff sought specific performance based on Ex-A.3 Sale Agreement dated 24.07.2008 – Defendant claimed signatures were obtained on blank papers and document fabricated – Held: Plaintiff proved execution through attesting witness and consistent d...

Civil Law - Review – Scope and Limitation – Appeal Cannot Be Reargued – The Appellant filed a Review Application seeking reconsideration of the dismissal of his probate appeal – Held: Review jurisdiction is narrow and cannot be used to reargue the case or replace conclusions already arrived at after due adjudication – Application dismissed for want of any error appare...

Service Law - Departmental Proceedings – Scope of Punishment under Section 11 CRPF Act – Dismissal Set Aside – Respondent constable was dismissed from service after being found under influence of alcohol and negligently damaging a cycle while on duty – Disciplinary action taken under Section 11 of the CRPF Act meant for minor punishments – Held: Dismissal being a majo...

Civil Law - Will – Execution by Literate Testator with Thumb Impression – Section 63 of Succession Act – No Suspicion – Challenge Rejected – Appellants argued Will not read over and explained, testator affixed LTI despite being literate, creating suspicion – Held: Evidence of attesting witness proved LTI was affixed due to old age and trembling hands – Tes...

Execution of Decree – Prohibitory Injunction – Restoration of Possession Permissible – The petitioner challenged execution of a 1999 injunction decree, arguing that it did not include delivery of possession – Held: Where injunction decree is violated and decree-holder is forcibly dispossessed, executing court can direct restoration of possession under Order 21 Rule 32(5) CP...

Service Law - Equal Pay for Equal Work – Contractual Assistant Professors – Minimum of Pay Scale Directed – Lecturers appointed on contractual basis in Government Engineering/Polytechnic Colleges claimed parity with regularly appointed and ad hoc Assistant Professors – Held: When duties and functions are identical, contractual status cannot justify discriminatory treatment ...

Civil Law - Permanent Injunction – Consolidation Proceedings – Ownership and Right of Way – Decree Partly Set Aside – Plaintiff sought injunction to restrain defendants from interfering with reconstruction of boundary wall over a passage he claimed was privately carved out during consolidation proceedings – Defendants contended it was a public rasta and necessary for ...