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

Intellectual Property Law – Trademark Infringement – Use of Registered Trademark by Intermediary – Dispute over IndiaMART listing of 'PUMA' as a drop-down option – PUMA SE (PSE) alleged counterfeit listings of its trademarked products on IndiaMART – Single Judge restrained IndiaMART from providing 'PUMA' as an option and ordered takedown of infringing ...

Criminal Law - Bank Fraud Case – Quashing of Criminal Proceedings – Predominant Civil Nature – Proceedings Quashed on Settlement – The petitioner, a company director, was accused under Section 420 IPC in connection with alleged fraudulent diversion of loan amounts leading to NPA classification – The petitioner had settled all dues with the bank through OTS, and the ba...

Service Law – Eligibility Criteria – Appointment Cancelled – Petition Dismissed – The petitioner challenged the cancellation of her appointment as Supervisor (Women) under ICDS on the ground that she had sufficient experience as an Anganwadi Worker – Court held that Advertisement No.03/2024 clearly stipulated eligibility for in-service Anganwadi Workers with 10 years ...

Tenancy Law - Eviction Suit – Default in Payment of Rent – Tenant's Failure to Comply with Section 12(3) of Bombay Rent Act – Eviction Upheld – Tenant failed to pay arrears within one month of notice and did not deposit rent with interest and costs before the first hearing – Courts below rightly held forfeiture of tenancy occurred – Money orders sent after s...

Civil Law - Specific Performance – Section 20, Specific Relief Act - Execution and Enforceability of Agreement to Sell – Plea of Fabrication and Blank Stamp Papers – Appeal Allowed – Respondents filed suit for specific performance based on alleged agreement to sell and delivery of possession, contending that substantial consideration had been paid and appellant failed to ex...

Fee Recovery – Brief of Judgment and Decision – Recovery of enhanced school fees by unaided private school – Dispute arose after government notification restricting fee hike was struck down – Suits by school decreed by trial court, decree made subject to FFRC’s decision under Haryana School Education Act and Rules – Appellate Court affirmed decree but directed r...

Civil Law - Suit for Recovery Against A State Financial Corporation -  Maintainability of Suit – Jurisdictional Bar – Section 80 CPC – Decree Declared Nullity – The appellant/State Financial Corporation, not originally a party to the underlying contract, was impleaded much after the institution of the suit for recovery. The trial court decreed the suit without satisfac...

Arbitration Law  – Section 11 Appointment – Serious Fraud Allegations – Scope of Referral Court – Appeals against High Court orders allowing Section 11 applications and appointing arbitrators despite pendency of criminal proceedings and allegations of large-scale fraud by rice millers – Held: At Section 11 stage, court’s enquiry is limited to existence of a...

Civil Writ - PIL - Solid Waste Processing – Prayer for Shifting Refused – Compliance with SWM Rules, 2016 Upheld – Petitioners sought direction to relocate waste processing activities of PCB and PMC at Hadapsar Industrial Estate, alleging pollution, foul odour, health hazards, and violation of previous governmental directions – Held: Processing facilities at the site are in...

Service Law – Reversion After 35 Years – Validity of Appointment and Promotion – Reversion Set Aside – The appellant was appointed as Stenographer in 1988 after undergoing shorthand training at ITI and was promoted through the judicial hierarchy to Deputy Registrar – The High Court allowed a writ petition filed in 2018 challenging his eligibility and directed his reve...