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 Writ - Quashing of Legislative Committee Directions – Allegation of Encroachment – Writ Petition Allowed – The petitioner challenged directions dated 08.03.2017 issued by the Petitions Committee of Karnataka Legislative Council based on allegations of encroachment of Rajakaluve and public road by third party complainant – The Court held that subsequent Division Bench ...

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...

Highway Toll Fee Recovery – Enforcement of Toll Collection Against State Corporation Buses – Application of National Highway Fee Rules – Direction to Stop Non-Compliant Buses – The petitioners sought enforcement of toll fee collection against Tamil Nadu State Transport Corporation (TNSTC) for evading toll fees despite multiple directives and FASTag regulations – Held:...

Civil Law - Permanent Injunction – Suit Between Co-sharers – Claim for Exclusive Possession Not Established – Dismissal Upheld – The plaintiff-appellant, a co-sharer, filed a suit for permanent injunction against another co-sharer alleging interference in possession – Both Trial Court and First Appellate Court found no evidence of exclusive possession or partition &nd...

Taxation Law - Income Tax – Reopening of Assessment – Applicability of Amended Provisions – Partial Reopening Permitted – The writ appeal arose from the quashing of reassessment proceedings initiated under Section 148A, 148 of the Income Tax Act against the respondent-company for AY 2017-18 – The Court held that the amended provisions of Sections 148A and 149 apply ev...

Property Law - Jurisdiction of Deputy Registrar – Section 16A of Apartment Act – Delegation of Powers under MCS Act – Jurisdiction Upheld – Petitioners contended that the Deputy Registrar lacked authority under Section 16A of the Apartment Act, as no express delegation existed – Held: Notification dated 24.11.2021 issued under Section 3 of the MCS Act conferred powers...

Service Law – Police Recruitment – Concealment of Criminal Case – Appointment Denied – Justified - Petitioner applied for the post of Constable and was placed in the waiting list after clearing all stages – During police verification, it was found that he was facing an FIR at the time of application which he failed to disclose – Though the FIR was later quashed ...

Matrimonial Dispute – Return of Gold Ornaments – Wife’s Claim Not Proved – Decree Set Aside – The wife alleged that 81 sovereigns of gold were misappropriated by the husband, including 75 sovereigns received at marriage – Held: Husband admitted only 22 sovereigns and produced documentary evidence (RC extract, receipts, account statements) proving jeep was purcha...

Religious Law - Religious Practice vs. Offering – Classification of 'Illam Nira' – Disputed Question of Fact – The petitioners contended that 'Illam Nira' is an age-old religious ritual whose sanctity would be compromised by shifting its venue – The respondents including the Tantri maintained that it is an annual offering, not part of core temple rituals &nd...

Civil Law - Title and Possession Dispute – Declaration and Injunction – Sections 34 and 38 of the Specific Relief Act – Plaintiffs’ Title Upheld – The appellant/1st defendant challenged the decree declaring plaintiffs’ title and injunction against defendants from creating encumbrance – Plaintiffs produced prior title deeds tracing ownership from 1950 onwar...