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

"CIVIL LAW" Digest

Family Law - Senior Citizens Act – Right of Residence – Interplay with Domestic Violence Act – Tribunal’s order upheld – Petitioners (daughter-in-law and relatives) challenged Maintenance Tribunal’s order under Senior Citizens Act permitting 2nd respondent (mother-in-law) to reside on first floor of same building occupied by petitioners on ground floor – P...

Labour Law - Industrial Disputes – Unauthorized Absence – Validity of Dismissal – Tribunal’s Interference – Set Aside – Respondent workman, a permanent underground loader, remained absent without authorization from 28.02.1997 till conclusion of enquiry on 13.03.1999 – Disciplinary proceedings held ex parte after repeated notices – Tribunal held dismi...

Banking Law - Wilful Default – RBI Master Circular – Borrowed Funds Requirement – Appeals Dismissed – Appellant banks challenged Single Judge orders setting aside wilful-defaulter declarations against respondents – Allegations centred on diversion/siphoning through investments in subsidiaries – Court held that the Master Circular applies only if borrowed funds a...

Taxation Law - Reassessment – Change of Opinion – Section 147 of the Income Tax Act – Reopening Set Aside – The Assessing Officer issued notice under Section 148 alleging escapement of income on issues of foreign exchange gains, capitalisation of lump sum technical know-how payments and deduction under Section 80HHC – The assessee challenged the reassessment stating a...

Family Law - Child Visitation Rights – Welfare of Minor Paramount – Civil Revision Allowed – Petitioner/father’s plea for visitation to 10-year-old son was dismissed by Trial Court—During mediation, child initially distressed but later conversed with father for over 20 minutes on neutral topics—Mediator recommended supervised visitation to avoid distress—H...

Writ Petition – Order 7 Rule 11 CPC – Section 230 Rajasthan Tenancy Act – Section 2(2) Hindu Succession Act – Maintainability of ST daughter’s suit for declaration of khatedari rights – Board’s revisional order quashed – Petitioner (sole daughter of a Meena ST father) filed revenue suit for declaration after civil court directed her to seek khatedari...

Civil Procedure – Amendment of Pleadings – Order 6 Rule 17 CPC – Liberal approach reiterated – Amendment sought to add challenge to 1997 sale deed in suit for declaration of title and injunction – Petitioner contended amendment introduced time-barred claim, created new cause of action, and was moved only to delay proceedings after High Court’s direction for expe...

Matrimonial Law - Confidentiality in Matrimonial Proceedings – Section 22 of HMA – Scope of “Publication” – Appeal Dismissed – The appellant-husband alleged that the respondent-wife, her brother, and her employer disclosed confidential details of matrimonial litigation and custody disputes to third parties, violating Section 22 – Family Court found disclos...

Civil Law - Partition Suit – Withdrawal by Plaintiff – Order 23 Rule 1 CPC – Memo to Withdraw Dismissed – In a family partition dispute, plaintiff sought withdrawal of suit after 11 years, citing settlement and acceptance of prior partition deed – Respondents 1 & 2, legal heirs of original defendants, objected, asserting right to seek share – Trial Court, re...

Civil Law - Review – CPC Order 47 Rule 1 / Section 114 – “Innocuous” Direction Procured by Suppression – Recall Justified – Common order dated 23/06/2025 in W.P. No. 22484/2025 directed CMDA to consider petitioner’s representation without notice to the affected builder; review applicant showed that material facts (consents/agreements, EC minutes, pending c...