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 - Parentage and Paternity – Right of Child to Know Identity – DNA Test Ordered - Plaintiff, now a major, filed a suit asserting he is the biological son of the petitioner and sought a declaration to that effect – The trial court allowed his application for DNA test under Section 75(e) and Order 26 Rule 10-A CPC – Held: When the mother admits the relationship and t...

Civil Writ – Land Acquisition - Industrial Land Allotment – Original Sanction for Petitioner – Acquisition Under Section 28 of KIAD Act – Petitioner’s Rights Recognized - Petitioner was sanctioned land by KIADB in 2001 for setting up a Software Park and had made partial payment; however, due to landowner litigations and writ appeals, final handover was delayed –...

Forest Service Law – Promotion to IFoS – Interpretation of Rule 2(g), IFS Recruitment Rules, 1966 – FROs as State Forest Service – The appellant, a Forest Range Officer (later promoted as Assistant Conservator of Forests), claimed that FRO service constituted part of “State Forest Service” and thus entitled to consideration for promotion to IFoS – Held: Ap...

Election Petition – Defect in Form 25 Affidavit – Maintainability Challenged – Curable Defect – The appellant objected to the maintainability of the election petition on grounds of a defective or absent affidavit in Form 25 supporting allegations of corrupt practices – High Court allowed the respondent to cure the defect post-filing – Supreme Court held that whi...

Motor Accident Claim – Compensation Reduction – 100% Disability – Quantum Enhanced - The appellant, a 21-year-old student, suffered 100% permanent disability in a bus accident and was initially awarded ₹67,83,866 by the Claims Tribunal – The Madras High Court reduced the compensation by ₹19 lakhs holding certain heads excessive – Held: The Supreme Court restored a...

Civil Law – Consumer Protection – Execution of Orders – Appellant society challenged the order of the National Commission holding execution revision petitions to be not maintainable – Core issue related to whether Section 25 of the Consumer Protection Act, 1986 (post 2002 Amendment) permitted enforcement of final orders – Court found that substitution of “every ...

Transfer of Proceedings – Matrimonial Dispute – Overlapping Reliefs – Application Allowed – Applicant sought transfer of DV Case No. 62/DV/2024 pending before the Metropolitan Magistrate, 71st Court, Bandra, to the Family Court at Bandra to be heard along with Divorce Petition and Restitution Petition – Court noted substantial overlap in reliefs and parties in both pr...

Civil Law - Mandatory Injunction – Mutation of Land – Execution of Sale Deeds – Section 34 of Punjab Land Revenue Act and Section 39 of Specific Relief Act – Appeal Dismissed – Plaintiffs had purchased the land through registered sale deed dated 17.06.1976 (Ex.P1), based on a prior sale deed dated 15.01.1975 (Ex.P2) – Defendants denied execution of sale deeds an...

Civil Law – Substitution of Legal Heirs – Order 22 CPC – Writ Petition Maintainable - The petitioners, legal heirs of deceased plaintiffs, sought substitution in the original suit which had been remanded after appeal – The Trial Court rejected the substitution application citing absence of separate applications for delay condonation and setting aside abatement – Held:...

Civil Law - Partition Suit – Claim by Heirs of Deceased Brother – Relinquishment of Share – Appeal Dismissed – Appellants (legal heirs of Narsing Gawli) filed partition suit claiming share in ancestral property – Trial Court and First Appellate Court held that Narsing had relinquished his share and led separate life – High Court held no substantial question of l...