Disciplinary Authority Cannot Override Enquiry Officer’s Clean Chit Without Hearing the Employee: Madhya Pradesh High Court Remands Termination for Procedural Lapse Appointment Secured by Misstating Marks Is Void Ab Initio; Human Error No Excuse Where Advantage Gained: Allahabad High Court Appeal Maintainable Despite Modified MACT Award — Kerala High Court Clarifies Scope of Appellate Review in Motor Accident Claims No Notice, No Blacklist: Calcutta High Court Quashes Debarment Over Breach of Natural Justice Prosecution Must Elevate Its Case From Realm Of ‘May Be True’ To Plane Of ‘Must Be True: Orissa High Court Strict Compliance Is the Rule, Not Exception: Himachal Pradesh High Court Dismisses Tenant's Plea for Late Deposit of Rent Arrears When Accused Neither Denies Signature Nor Rebuts Presumption, Conviction Must Follow Under Section 138 NI Act: Karnataka High Court A Guardian Who Violates, Forfeits Mercy: Kerala High Court Upholds Natural Life Sentence in Stepfather–POCSO Rape Case Married and Earning Sons Are Legal Representatives Entitled to Compensation: Punjab & Haryana High Court Enhances Motor Accident Award to ₹14.81 Lakh Driver Must Stop, Render Aid & Report Accident – Flight from Scene Is an Offence: Madras High Court Convicts Hit-And-Run Accused Under MV Act Delay May Shut the Door, But Justice Cannot Be Locked Out: Gauhati High Court Admits Union of India’s Arbitration Appeal Despite Time-Bar Under Section 30 PC Act | Mere Recovery of Money Is Not Enough—Demand and Acceptance Must Be Proved Beyond Reasonable Doubt: Delhi High Court Allahabad High Court Slams Bar Council of U.P. for Ex Parte 10-Year Suspension of Advocate Supreme Court Invokes Article 142 to End Discrimination Against Ad-Hoc Employees in Allahabad High Court: Orders Reinstatement and Regularizationi Supreme Court Declares CSR a Constitutional Duty to Protect Environment: Orders Undergrounding of Powerlines in Great Indian Bustard Habitat

"CIVIL LAW" Digest

Civil Law - Coparcenary Rights of Daughter – Applicability of Section 6, Hindu Succession Act – Partition Sought by Daughter – Upheld – The daughter, born before the 2005 amendment to the Hindu Succession Act, sought partition of ancestral property acquired by her father through a registered partition deed dated 04.02.2004 – Held: Since no partition took place between...

Rent Control – Claim of Tenancy and Deposit of Rent – Scope of Section 30(1), U.P. Rent Act – Petition Dismissed – Respondent No.3 filed an application under Section 30(1) claiming tenancy and sought to deposit rent after alleged refusal by landlord – Petitioner objected denying tenancy and ownership – Trial Court allowed the deposit at claimant’s risk and...

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:...

Company Law – Director’s Liability for Corporate Debt – Loan Given to Company – No Personal Guarantee – The appellant extended a loan to respondent no.1 (company) but sought recovery from its directors personally – Trial court decreed the claim only against the company and dismissed it against the directors – Held: A company is a separate legal entity, and...

Civil Law - Execution Proceedings – Obstructionist Claim – Fabricated Ownership Documents – Application Dismissed – The Applicant, son of the original judgment debtor, filed an obstructionist notice in an execution proceeding based on a sale deed dated 26.11.1990 – Both Trial and Appellate Courts found the sale deed to be unregistered, unstamped, and supported by inco...

Taxation Law - International Taxation – Transponder Services – Definition of “Royalty” under DTAA and Domestic Law – Matter Remanded – The appellant sought to contest the withholding tax obligation on payments to Intelsat Corporation for transponder services, arguing the payments did not amount to "royalty" under Article 12 of the India-USA DTAA &ndash...

Civil Suit – Suo Motu Dismissal of Declaratory Relief – Improper Exercise of Appellate Jurisdiction – Appeal Allowed – The High Court, while hearing an appeal against denial of interim relief, dismissed plaintiffs’ substantive declaratory prayers based on unregistered agreements under Section 49 of the Registration Act – Held: The High Court could not have summa...

Environmental Law – Sand Mining – Mandatory Nature of Valid District Survey Report (DSR) – Appeals Dismissed – The State of U.P. and LOI holders challenged NGT’s order quashing e-auction notice dated 13.02.2023 for sand mining in Saharanpur due to lack of a valid DSR – Supreme Court upheld NGT’s view that a draft DSR cannot form the basis for environmental...

Motor Accident Claim – Enhancement of Compensation – Syme’s Amputation – Appeal Allowed – Appellant suffered permanent disability due to a road accident and initially awarded Rs. 12.65 lakhs by the High Court – Supreme Court reassessed evidence, enhanced income estimation, and awarded Rs. 17,06,486/- with 9% interest per annum – Detailed reassessment inclu...

Administrative Law – Concealment of Facts – Abuse of Process – Petitioner challenged resumption order and appellate authority's decision – Previously filed writ petition on the same issue was dismissed on merits – Petitioner failed to disclose this fact in the current petition – Court held non-disclosure amounts to abuse of process and misrepresentation, lea...