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

Writ Petition – Challenge to Acquisition by Subsequent Purchaser – Bar of Locus Standi – Petition Dismissed – The petitioner challenged e-auction notification and sought declaration over property acquired under 1971 final notification – Court held that the petitioner, being a purchaser 25 years post-acquisition, has no right to question acquisition proceedings –...

Arbitration Law - Arbitral Tribunal – Interim Order Granting Mandatory Relief – Tribunal Overstepped Jurisdiction – Interim Order Set Aside - Tribunal stayed the termination of a highway concession agreement and directed the respondent-concessionaire to execute pending work and collect tolls – Court held that the Tribunal granted final relief at interim stage by restoring a...

Service Law – Writ - Challenging Dismissal Order - Departmental Inquiry – Compliance with Natural Justice – Departmental Action Upheld – The petitioner, a first-grade clerk, challenged his dismissal on allegations of forging documents and preparing freehold sale deeds for ineligible persons, causing loss of ₹600 lakhs to the Kanpur Development Authority – After the ...

Constitutional Law – Disqualification of MLAs – Inaction by Speaker – Speaker failed to act on disqualification petitions for over seven months despite constitutional mandate under Tenth Schedule – Appellants (MLAs) filed writ petitions seeking time-bound directions – Single Judge directed Speaker to fix schedule of hearings – Division Bench set aside that order...

Service Law – Retirement Age – Applicability of State Notification – Appellant denied benefit of enhanced retirement age from 60 to 65 years under West Bengal Government’s Notification dated 24.02.2021 on ground that 10-year teaching experience was not in a State-aided institution within West Bengal – University and State contended that ‘any State-aided Universi...

Insolvency and Bankruptcy – Section 7 IBC Application – Limitation – Rejection of Section 7 application by NCLT and NCLAT on ground of limitation challenged before Supreme Court – Appellant contended that Balance Sheet of FY 2019-20 signed on 12.08.2020 constituted valid acknowledgment under Section 18 of the Limitation Act – Supreme Court held that the Balance Sheet,...

Civil Writ - Stage Carriage Permit – Renewal Application – Sections 72, 81(4), and 103(2) of Motor Vehicles Act – Writ Petition Allowed – Petitioner sought renewal of stage carriage permit originally granted on Guruvayur–Palakkad route but curtailed to Palakkad–Pattambi following refusal of counter-signature due to notified route restrictions – Rejection o...

Deemed Conveyance – Developer's Right to Future Development Protected – Petition Allowed – The District Deputy Registrar’s order granting deemed conveyance of 3422 sq.m. land to the Society was challenged by the Developer claiming it undermined ongoing third-phase development – Held: Developer had valid commencement certificate and members had contractually consen...

Service Law – Withholding of Pension – Rule 3 Part III KSR – Action Held Arbitrary – Petitioner, a retired Principal of Government Engineering College, was denied pensionary benefits citing pending review petition against prior Supreme Court dismissal of SLP – Held: In absence of pending disciplinary or judicial proceedings, withholding pension violates Rule 3 of Part...

Civil Law - Design Piracy – Section 2(d), 10(4), 11, 19, and 22 of the Designs Act - Registered Design of Travel Pillow – Interim Injunction Confirmed – Plaintiffs alleged piracy of their registered “Tranquility Neck Pillow” design by Defendants using nearly identical shape, configuration, and colour combinations – Court held the Plaintiff’s design was vis...