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

Tenancy Law - Jurisdiction – Civil vs. Revenue Court – Declaration under Section 143 UPZALR Act – Appeal Allowed – The appellant-landlord filed a suit for possession and arrears of rent for land let out in 1970 for a petrol pump (non-agricultural use) – Respondents contended the land was agricultural and civil court lacked jurisdiction – Though declaration under...

Civil Law - Deemed Export Benefits – No Entitlement under FTP – Change in Law Not Attracted – The appellants, Nabha Power Limited and Talwandi Sabo Power Limited, sought compensation under Article 13 of the Power Purchase Agreement (PPA) on the ground that withdrawal of deemed export benefits under Para 8.3 of the Foreign Trade Policy (FTP) 2009–2014 constituted a “Ch...

Matrimonial Law - Divorce – Mental Cruelty – Decree Affirmed – The marriage between the appellant and respondent was dissolved by decree of divorce under Section 13(1)(a) of the Hindu Marriage Act, which was affirmed by the High Court – Despite the appellant’s willingness to resume marital life, the respondent remained unwilling – The Supreme Court did not inter...

Civil Law - Contempt Petition – Delay in Compliance with Supreme Court’s Order – Compensation in Lieu of Contempt – Petition filed for non-compliance of the Supreme Court’s order dated 17.01.2018 directing the Bank to release outstanding dues to the petitioner within three months – Although the Bank eventually made the payments in 2019, there was significant del...

Contempt Petition – Disconnection of Water Supply – Alleged Violation of Supreme Court Judgment – Petition Dismissed with Costs – Petitioner alleged willful disobedience of Supreme Court order in Rajeeb Kalita v. Union of India by builder disconnecting water supply in retaliation for protest over non-provision of amenities – Court found the dispute to be a private civ...

Civil Law - Adverse Possession – Title Denial via Unregistered Sale Deed – No Adverse Possession Established – The defendant claimed ownership by an unregistered sale deed dated 15/11/1973 and sought to establish adverse possession from that date – Held: An unregistered sale deed for consideration above Rs.100 does not confer ownership, and possession under such transaction...

Criminal Law – Demand and Acceptance of Illegal Gratification – Section 7 & Section 13(1)(d) r/w 13(2) of the PC Act – Conviction Confirmed, Sentence Modified – Accused, a Telecom Mechanic, demanded Rs.500/- for telephone connection, received Rs.200/- earlier, and later accepted balance Rs.200/- during CBI trap – Trial Court convicted and sentenced him to 1 year R...

Civil Law - Land Revenue Act – Delay Condonation – Appeal Filed After 24 Years – Quashing Sought – Delay Condonation Upheld – Petitioner challenged condonation of 24-year delay in appeal against mutation order – Court found that petitioner had actively participated in appeal proceedings post-revisional order – Once petitioner accepted revisional direction ...

Civil Law - Redevelopment Agreement – Prima Facie Contract – No Concluded Contract Found – Temporary Injunction Denied – Plaintiff-developer sought interim injunction based on Development Agreement dated 16/12/2011 and revised offers – Court held renegotiated terms amounted to fresh terms that did not culminate in a concluded contract – Mere resolution of societ...

Civil Writ – PIL - Right to Education – Inclusion of Orphans as Disadvantaged Group under RTE Act – Mandate to States for Compliance – Petitioner-in-person highlighted the exclusion of orphans from the 25% quota for disadvantaged groups under Section 12(1)(c) of the RTE Act – Court recognized orphans as disadvantaged due to lack of parental care and directed States/UT...