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

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...

Motor Accident Compensation – Self-Employed Person Abroad – Appeal Partly Allowed – Claimants challenged High Court’s award of ₹1,17,20,200/- for accidental death of 31-year-old U.S. national, contending omission of “future prospects” – Supreme Court upheld High Court’s income assessment of ₹78,300/- per month but applied 40% addition towards fut...

Injunction Upheld – The Respondent, engaged in the software business since 1992 under the "Newgen" mark, filed a suit against the Appellant, which adopted the name “Newgen IT Technologies Limited” in 2024 – The Court upheld the ex-parte ad-interim injunction granted by the District Judge – Held: The Respondent is the prior user and registered proprietor of t...

Constitutionality – Right of Appeal – Section 16 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 – Petitioner challenged the constitutionality of Section 16 for not providing a right of appeal to children/relatives against orders under Section 9 – Court noted pending legislative amendments aimed at extending the right of appeal to children/relatives ...

Panchayat Reconstitution – Constitution of New Panchayats – Article 243 and Section 4 of Maharashtra Village Panchayats Act, 1959 – Challenge to Notification Failed – The petitioners challenged the notification issued by the State Government creating two new Panchayats, Pinjarzadi and Panchmauli, by bifurcating Burudkhe Panchayat – The Court held that the State Govern...

Matrimonial Law – Divorce - Mental Cruelty – Concealment of Medical Condition – Grounds for Divorce – Held: Valid – The appellant-wife had pre-existing cyst and infertility issues, which she failed to disclose prior to marriage – Medical records and testimony established concealment – The Family Court correctly concluded that the deliberate non-disclosure ...

Labour Law - Employees’ Compensation – Course of Employment – Fall from Tree – Employment Relationship Established – Appellant contended that the respondent fell from a jackfruit tree while plucking fruit, not from a palm tree in the course of toddy tapping – Held: Based on the totality of evidence, including admission of the presence of a palm tree on the relev...