Supreme Court Strikes Down Expulsion of Bihar MLC as Disproportionate, Orders Immediate Reinstatement Private Banks Not Subject to Writ Jurisdiction Under Article 226: Punjab & Haryana High Court Mere Allegation of Forgery is Not Enough: Madhya Pradesh High Court Dismisses Second Appeal in Partition Dispute When a Case is Made Out for Bail, Courts Should Not Hesitate: Kerala High Court Allows Bail Despite Commercial Quantity of Drugs Seized Retailers Cannot Be Prosecuted for Manufacturer’s Fault" – Karnataka High Court Quashes Case Against Pesticide Dealers Mere Issuance of a Cheque Does Not Prove Legally Enforceable Debt": Delhi High Court Upholds Acquittal in Cheque Dishonor Case Courts Cannot Ignore Urgent Repairs When Public Safety is at Stake: Calcutta High Court Upholds Trial Court's Order Mutation Entries Do Not Confer Ownership: Bombay High Court Rejects Premature Dismissal of Partition Suit No Substantial Question of Law – High Court Cannot Re-Appreciate Evidence Under Section 100 CPC: Andhra Pradesh High Court Injunction Cannot Be Granted Without Proof of Possession: Allahabad High Court Quashes Relief in Land Dispute Section 197 CrPC | Sanction for Prosecution is a Shield, Not a Sword: Supreme Court Quashes Criminal Case Against BIS Officer Landlord is the Best Judge of His Needs: Supreme Court Orders Eviction in Favor of Landowner Vijaya Bank TT Scam | Supreme Court Acquits Jeweller in ₹6.7 Crore Vijaya Bank Fraud Case, Orders Return of 205 Gold Bars Procurement Preference for Small Enterprises is a Legal Mandate, Not a Mere Policy: Supreme Court Rules in Favor of MSMEs Revisional Jurisdiction Cannot Be Invoked Against Interlocutory Orders of Commercial Courts: Orissa High Court Declares Section 8 Bar Absolute Victim’s Testimony Must Be of Sterling Quality to Be Sole Basis of Conviction: Kerala High Court Reduces Sentence of Pastor Convicted for Repeated Rape of Minor Providing Set-Top Boxes to Subscribers Constitutes Sale”: Karnataka High Court Upholds VAT on Tata Play Limited Mere Registration of FIR Cannot Justify Denial of Passport Renewal: Jammu & Kashmir and Ladakh High Court

"CIVIL LAW" Digest

Tenancy Law - Eviction Suit – Bona Fide Need – Landlord's Right to Choose Property for Use – The appellant-landlord sought eviction of the tenant for the purpose of establishing an ultrasound business for his two unemployed sons – The trial court decreed the suit, holding that the bona fide need was established based on financial capacity and suitability of the premises...

Commercial Law – Rejection of Plaint – Order VII, Rule 11, CPC – The petitioner filed an application under Order VII, Rule 11, CPC, contending that the suit was barred by territorial jurisdiction as per the agreement between the parties – The trial court rejected the application, holding that the plaint disclosed a cause of action and was not barred by any law – Held:...

Service Tax – Lottery Distributors – Principal-Agent vs. Principal-to-Principal Relationship – No Service Tax Liability – The Government of Sikkim entered into agreements with the respondents for the sale of lottery tickets – The agreements provided for the outright sale of tickets, with unsold tickets being returned for destruction to ensure transparency – The ...

Limitation Law – Condonation of Delay – Family Court Appeal – Held: Delay of 21 days in filing the appeal is not inordinate – The explanation provided by the applicant is reasonable – Courts must adopt a pragmatic, justice-oriented approach in matrimonial matters – Delay condoned [Paras 10, 13, 24]. Limitation Law – Family Courts Act vs. Hindu Marriage ...

Civil Law - Partition Suit – Co-Ownership Established – Appeal Dismissed – The respondents sought partition of 1/3rd share in 2 kanals of gair mumkin land, claiming ownership through sale deeds – The appellant contended that she had exclusive possession based on an unregistered writing from 1985 – The lower courts found that the appellant failed to prove her exclusive...

Civil Law - Partition Suit – Ancestral Property – Plaintiff's Right Established – The plaintiff sought partition of joint family property, claiming a 1/3rd share – Defendants contended that the plaintiff had relinquished her rights through an unregistered relinquishment deed – The Trial Court held that the plaintiff had not relinquished her rights and decreed the ...

Taxation Law - Fixed Place Permanent Establishment (PE) – Business Connection – No Fixed Place PE Established – Test of Disposal Not Satisfied – The Revenue contended that Nokia OY had a Fixed Place PE in India through its subsidiary, NIPL – The Court examined whether a fixed place of business was at the disposal of the assessee for conducting its business – Hel...

Service Law - Termination of Service – Reliance on Police Verification Report Despite Acquittal – Order Set Aside – The petitioner was appointed as a Shikshan Sevak in a municipal school but was terminated based on a pending criminal case, despite being acquitted before the termination order was issued – The Court held that once the petitioner was acquitted, reliance on a p...

Contractual Employment – Right to Regularization – No Vested Right in Fixed-Term Employees – The petitioners were appointed under "Mission Mangalam" scheme on contractual basis for three years as per Government Resolution dated 16.11.2010 – Upon completion of tenure, their services were not extended, leading to petitions for regularization and parity with governme...

Civil Writ - Medical Admission – Arbitrary Allotment of Seat – Violation of Merit-Based Selection – The petitioner, who was eligible under the NCC-Female Open Category, was denied admission to the MBBS course despite being higher in merit than the 4th respondent – The University failed to produce any record showing that the seat was properly vacated before allotment to the ...