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

Arbitration – Jurisdiction of Court under Section 34 – Statutory Arbitration under NH Act – Shivpuri Court's Jurisdiction Upheld – The appellant contended that only Gwalior courts had jurisdiction as the Arbitrator (Divisional Commissioner) was located there – The High Court held that in statutory arbitrations without an agreement designating a "seat", v...

Arbitral Award – Scope of Challenge under Section 34 – Award Not Interfered – Petition Dismissed – Petitioner challenged award rejecting claims for additional compensation, arguing misinterpretation of contract and failure to consider relevant evidence – Held: Court does not sit in appeal over arbitral award – Arbitrator acted within jurisdiction, assessed evide...

Civil Writ - Redevelopment – Jurisdiction under Section 79-A of MHAD Act – Notices Held Illegal – Petitioners challenged large-scale issuance of redevelopment notices by MHADA’s Executive Engineers under Section 79-A without following mandatory preconditions – Held: Such notices are ex-facie illegal as jurisdiction under Section 79-A is triggered only upon declaration...

Civil Law – Declaration and Recovery Suit - Maintainability of Suit – Collateral Challenge to Arbitral Award – Sections 5 & 34 of Arbitration Act – Suit Barred – Plaintiff filed a civil suit seeking to set aside an Arbitral Award by alleging newly discovered fraud in a prior commercial transaction which was already subject to arbitration – Held: The Arbitrat...

Service Law – Section 12(3) and 18(3) of the Industrial Disputes Act, 1947 - Section 47 of the Persons with Disabilities Act, 1995 - Premature Retirement – Medical Grounds – Alternate Employment Denied – Industrial Settlement Upheld – Appellant, a driver with TSRTC, was prematurely retired upon being declared colour blind – Corporation failed to explore alternat...

Motor Accident Claim – Compensation under Section 163A – Owner’s Legal Heir as Claimant – Conflict Noted – Reference to Larger Bench - The petitioner, a minor, sought compensation for the death of her parents, including her father who was also the owner of the vehicle – Tribunal allowed the claim but High Court held claim not maintainable as the owner could not ...

Arbitration Law - Arbitral Award – Challenge under Section 34 – Patent Illegality – Award Set Aside – The petitioner challenged the arbitral award passed under MSMED Act by the Council at Punjab, which directed the petitioner to pay Rs.1,99,29,166/- including interest – Grounds included that the award was non-speaking, ignored vital evidence, and rejected the counter-...

Matrimonial Law - Recovery of Gold Ornaments and Istridhan – Partial Modification of Trial Court Decree – Quantum of Recovery Reduced – The wife claimed recovery of 125 sovereigns of gold ornaments allegedly entrusted to the husband – The Family Court had awarded recovery of 50 sovereigns or its market value as on the date of petition – Upon reappraisal of evidence, H...

Civil Law - Katha Cancellation – Jurisdiction and Validity – Section 322 of the Karnataka Municipalities Act – Quashing of Cancellation Order – Writ Petition Allowed - The petitioner, holder of a registered gift deed, challenged the order cancelling katha by the Deputy Commissioner based on allegations of ancestral property and pending compromise decree – Court held t...

Civil Law - Municipal Tender – Challenge to Eligibility Criteria and Marking Scheme – Petitions Dismissed – Petitioners challenged the tender process initiated by MCGM for collection and transportation of municipal solid waste for the period 2025–2032, particularly opposing Corrigendum-III dated 1 July 2025 – Petitioners alleged arbitrary modification of eligibility c...