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

Sports Law – Anti-Doping Violation – Suspension Quashed – Petitioner, a national-level basketball player, challenged orders of provisional suspension, notice of charge, and penalty of 4-year ineligibility for anti-doping violation under Articles 2.1 and 2.2 of the National Anti-Doping Rules, 2021 – Urine sample tested positive for 19-norandrosterone (19-NA), a non-specified...

Patent Law – Amendment of Patent Claims – Method of Treatment to Product Claims – Amendment Rejected – Appellants sought to convert originally filed method-of-treatment claims into product claims for anticMet antibody-drug conjugates – The Court held that such conversion amounted to enlargement of claim scope, not permitted under Section 59(1) – Further held tha...

Civil Law – Mental Infirmity – Appointment of Guardian Ad Litem – Order 32 Rule 15 CPC – Independent Guardian Appointed - Plaintiffs sought medical examination and appointment of administrator/guardian for PC (D3) citing alleged Alzheimer/Dementia and undue property transfers – Defendant SD (D5) sought appointment as guardian citing caregiving role – Court held ...

Civil Writ - Public Appointment – Managing Director – Section 20 of Warehousing Corporations Act – Interim Appointment Quashed – State Government appointed retired police officer as Managing Director without effective consultation with Board of Directors – Held: Appointment violative of Section 20(1)(c) which mandates consultation with Board before such appointment &n...

Civil Law - Partition Suit – Oral Relinquishment and Validity of Sale Deed – Claim of oral relinquishment by the plaintiffs and oral partition pleaded by the defendants was not supported by acceptable evidence – Defendants failed to establish that the suit property was purchased out of ancestral funds or that there was any oral partition and relinquishment by the plaintiffs &ndas...

Civil Law – Mandatory Injunction and Mesne Profits – Licensee Status – Appeal Dismissed - Plaintiff-respondent filed suit for mandatory injunction directing appellant to vacate premises and recovery of mesne profits – Appellant inducted as licensee by license deed dated 06.08.2014 at ₹1,800 per month – Continued unauthorized possession after expiry of license &ndash...

Judicial Service Law - In-House Procedure – Constitutional Validity – Challenge by Sitting Judge – Petition Dismissed – A sitting High Court judge filed a writ petition under Article 32 challenging the validity of paragraphs 5(b) and 7(ii) of the In-House Procedure adopted by the Supreme Court in 1999, contending that it violates Articles 14, 21, 124(4), and the Judges (Inq...

Motor Accident Claim – Enhancement of Compensation – Contributory Negligence, Future Prospects, and Functional Disability – Supreme Court Enhances Award – Appeal by injured claimant seeking enhancement of compensation for permanent disability sustained in a motor vehicle accident – The Court affirmed the finding of 20% contributory negligence, but found error in the o...

Motor Accident Compensation – Determination of Income – Inclusion of Allowances – The Tribunal and High Court erred by excluding allowances from computation of deceased’s monthly income, considering only basic pay – Supreme Court held that salary slip (Ex. P6) evidences income of Rs. 6,500/- per month including allowances, and there was no contrary evidence that allow...

Electricity Law -  Tariff – Challenge to Regulatory Asset Practice – Supreme Court Issues Mandate for Time-Bound Liquidation – The petitioners, Delhi-based electricity distribution companies, challenged the Delhi Electricity Regulatory Commission’s continued creation of regulatory assets without structured recovery – Supreme Court held that this violated statutor...