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 - Port Tariff Revision – Arbitration Award and Appellate Orders Set Aside – Dispute between Paradip Port Authority and Paradeep Phosphates Ltd. regarding revision of tariff for exclusive use of “fertilizer berth” under agreement dated 03.08.1985 – Arbitrator (2002) quashed unilateral tariff enhancement from October 1993 to 31.03.1999 and directed parties to ...

Service Law - Transfer Policy – Mass Transfers at behest of Public Representatives – G.O.Ms.No.23 (15.05.2025) & G.O.Ms.No.5 (12.06.2025) – Partial Allowance/Remand – Common order on batch WPs challenging 2025 transfers; Court finds large-scale recommendations by MLAs/MPs fixed both transfer and posting, undermining executive instructions; directs fresh counselling stri...

Civil Law - Representative Suit – Conversion After 21 Years – Writ Petition Allowed – Association of retired employees filed suit in 2004 seeking multiple pensionary benefits under Vysya Bank Employees’ Pension Regulations, 1995 for members retired under VRS 2002—In 2024, plaintiffs applied under Order I Rule 8 CPC to convert into representative suit—Trial court...

Civil Writ - Panchayat Election – Sole Nomination – Election Process Frustrated – Petition Dismissed – Election to President of Nalluru Gram Panchayat was scheduled for 21.07.2025—Only petitioner submitted nomination, but Prescribed Election Officer failed to attend and no scrutiny or further process occurred—Some members could not submit nominations due to offi...

Civil Law  – Order 7 Rule 11 CPC – Statutory Notices (s.80 CPC, s.280 ZP Act, s.180 MVP Act) – Plaint Rejected – Respondent filed suit on 30.07.2024 challenging eviction steps (order 01.03.2024; notice 15.07.2024) after issuing notice dated 24.07.2024 – Held: Pre-suit notice requirements under s.80 CPC (two months, waiver only per s.80(2)) and under s.280 ZP Act ...

Family Law - Transfer Petition – Custody Proceedings – Welfare of Minor – Transfer Allowed – Petitioner-wife sought transfer of proceedings filed by husband under Section 12 of the Guardians and Wards Act for custody of six-month-old child from Jalpaiguri to Dehradun – Court held that compelling the mother to travel with a breast-feeding child would result in grave ha...

Motor Accident Compensation – Cancelled Insurance Policy – Pay and Recovery – Appeal Disposed – Offending vehicle’s insurance policy cancelled over three months before accident due to dishonoured premium cheque; insurer intimated owner and RTO—Tribunal and High Court still directed insurer to pay claimants and recover from owner—Supreme Court applied Dedda...

Motor Accident Claim – Death of Minor – Tribunal’s award restored – Appeal by parents against High Court’s reduction of compensation from Rs.8,55,000/- to Rs.5,80,000/- – Supreme Court held that Tribunal’s assessment of Rs.5,000/- monthly income for a 10-year-old child under Section 166 MV Act was proper, no deduction for personal expenses applicable, mult...

Motor Accident Liability – Insurer’s Obligation – Appeal Allowed – Appellant, ostensible owner/driver, challenged High Court’s absolution of insurer from liability for compensation in three claim petitions—Supreme Court held that deceased/injured were owners of goods accompanying their goods in a goods vehicle, hence covered as third parties under Section 147(1)...

Judicial Discipline – Directions to High Court Judge – Modification on Request of CJI – Supreme Court had earlier set aside an Allahabad High Court order and remanded matter for fresh hearing, while issuing directions restraining the concerned judge from handling criminal matters till demitting office – On written request from CJI, SC deleted paras 25 and 26 of earlier orde...