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

Civil Law - Specific Performance – Forged Settlement Agreement – Decree Set Aside – Alleged Fraudulent Compromise – The petitioner obtained a favorable decree from the Supreme Court in terms of an alleged settlement agreement dated 24.10.2024, resulting in the setting aside of concurrent findings by three lower courts dismissing a suit for specific performance – Respo...

Civil Law - Ex Parte Injunction – Mandatory Procedural Compliance – Order 39 Rule 3 CPC – Trial Court's Injunction Set Aside – The High Court set aside an ex parte injunction granted to the petitioner real estate company on the ground that there was no prima facie case, no claim to ownership or specific performance, and that the application did not comply with mandatory...

Civil Writ – Urban Planning & Civic Governance – Unauthorized Occupation Without OC – Massive municipal inaction – Public Safety Concerns – In a batch of petitions concerning a partly redeveloped building at Dadar, the Court found that 12 commercial shops and 2 first-floor premises were being illegally occupied for over a decade without an Occupation Certificate, ...

Limitation Law - Condonation of Delay – Section 5 Limitation Act – Delay of 247 Days Condoned with Costs – Petitioner claimed ignorance of first appellate court judgment due to non-intimation by counsel; stated that certified copy was obtained only after enquiry, and filing was delayed further due to illness – Respondents opposed citing lack of medical proof and insufficien...

Electricity Law - Electricity Undertaking Acquisition – Depreciation on Consumer-Funded Assets – Section 7-A(2) of Indian Electricity Act – Claim Rejected – The petitioner Board sought deduction of depreciation on works constructed at consumer/local body expense – Held: Such assets not funded by the licensee are excluded from book value for compensation; thus, depreci...

Civil Suit – Declaration & Injunction – Auction Purchase of Municipal Plot – High Court’s Reversal Set Aside – Appellant claimed ownership of plot No. 394 purchased in 1977 auction—Trial and first appellate courts decreed suit based on certified copies of auction records and adverse inference against municipal council for non-production of originals—Hi...

Civil Suit – Adverse Possession – Necessity of Pleadings – First Appellate Court’s Finding Set Aside – Plaintiffs sought declaration that sale deed was bogus and for injunction—Trial court dismissed suit; first appellate court decreed suit partly by accepting plea of adverse possession, holding title matured during pendency of suit—High Court found no such...

Civil Law - Confiscation of Caste Certificate - Caste Verification – Koli Mahadev Tribe – Pre-Independence Documentary Evidence – Higher Probative Value – Appeal Allowed – The appellant’s caste claim was rejected by the Scrutiny Committee and the High Court despite producing a 1943 school admission record showing his grandfather’s caste as Koli Mahadev &nd...

Company Law - IBC Appeal – Limitation and Filing Requirements – Section 61(2) IBC and Rule 22(2) NCLAT Rules – Appeal Barred – Respondent No. 1 e-filed appeal before NCLAT on 25.07.2023 without certified copy of impugned order or application for condonation of delay – Certified copy applied for only on 23.08.2023 and delay condonation sought on 22.09.2023 – Limi...

Judicial Service Law - Appointment of District Judges – Interpretation of Article 233(2) – Reference to Constitution Bench – Civil Appeal and Connected Matters – Multiple petitions sought review/clarification of Dheeraj Mor v. High Court of Delhi (2020) 7 SCC 401, wherein a three-judge bench held that only persons not in judicial service are eligible for direct recruitment ...