Auction Purchaser Has No Vested Right Without Sale Confirmation: Calcutta HC Upholds Borrower’s Redemption Right Under Pre-Amendment SARFAESI Law Mere Breach of Promise to Marry Doesn’t Amount to Rape: Delhi High Court Acquits Man in False Rape Case Father Is the Natural Guardian After Mother’s Death, Mere Technicalities Cannot Override Welfare of Child: Orissa High Court Restores Custody to Biological Father Assets of Wife and Father-in-Law Can Be Considered in Disproportionate Assets Case Against Public Servant: Kerala High Court Refuses Discharge Identification Without TIP, Electronic Records Without 65B Certificate – Conviction Set Aside: Patna High Court Nothing Inflicts A Deeper Wound On Our Constitutional Culture Than A State Official Running Berserk Regardless Of Human Rights: Jharkhand High Court Orders ₹1.5 Lakh Interim Compensation Dishonour Due to ‘Account Blocked’ Not Attributable to Drawer—No Offence Under Section 138 NI Act: Delhi High Court Quashes Criminal Proceedings Presumption Under Section 139 NI Act Cannot Be Rebutted By Mere Assertions: Delhi High Court Affirms Conviction In 32-Year-Old Cheque Bounce Case Signature Alone Doesn’t Prove Debt: Kerala High Court Upholds Acquittal in Cheque Bounce Case, Rejects Blanket Presumption Under Section 139 NI Act Justice Cannot Be Left to Guesswork: Supreme Court Mandates Structured Judgments in Criminal Trials Across India Truth Must Be Proven Beyond Doubt—Not Built On Flawed FIRs, Tainted Witnesses And Investigative Gaps: Supreme Court Acquits Man in POCSO Rape-Murder Case Once parties agree and reconciliation is impossible, a fault-based decree is unnecessary: Supreme Court Sets Aside Divorce on Desertion No Escape from Statutory Ceiling: Exclusive Expenditure by Foreign Head Offices Also Attracts Section 44C Income Tax: Supreme Court Loss Of A Child Cannot Be Calculated In Rupees, But Law Must At Least Offer Dignity In Compensation: Supreme Court Enhances Compensation Sessions Court Cannot Direct Life Imprisonment Till Natural Life Without Remission: Supreme Court Reasserts Limits on Sentencing Powers of Subordinate Courts ‘Continuously Means Without a Single Break’: Supreme Court Bars Expired-and-Renewed Licences From Police Driver Recruitment Chief Justice’s Power Under Section 51(3) Is Independent and Continuing: Supreme Court Upholds Kolhapur Bench Notification Last Seen Evidence Alone Cannot Sustain Conviction: Supreme Court Acquits Accused in Murder Case No Cultivation on Forest Land Without Central Clearance: Supreme Court Cancels Lease Over 134 Acres, Orders Reforestation Appointment from Rank List Must Respect Communal Rotation: SC Declines Claim of SC Waitlisted Candidate After Resignation of Appointee Supreme Court Dissolves 20-Year Estranged Marriage Under Article 142 Despite Wife’s Objection Murder Inside Temple Cannot Be Treated Lightly: Supreme Court Cancels Bail of Father-Son Convicts in Group Killing Case 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

"CIVIL LAW" Digest

Consumer Law - Consumer dispute regarding delayed possession and non-compliance with an alternate accommodation agreement – Limitation Period – NCDRC's Dismissal Set Aside – Complaint Restored – The National Consumer Disputes Redressal Commission (NCDRC) dismissed the complaint as time-barred, holding that the cause of action arose in July 2015 – The Supreme Court...

Motor accident claim—Involvement of a minor in the accident – No Substantive Evidence – Liability Set Aside – The Tribunal and the High Court held that Appellant No. 2 (a minor) was driving the vehicle at the time of the accident – The Supreme Court, after re-evaluating the evidence, found no cogent proof to establish that the minor was the driver – Eyewitness t...

Motor Accident – Contributory Negligence – Tribunal's Finding Restored – High Court’s Finding Set Aside – The High Court had attributed 25% contributory negligence to the deceased based on assumptions without corroborative evidence – The Supreme Court held that there was no sufficient evidence to establish negligence on the part of the deceased – Tribu...

Land Acquisition – Compensation for Unacquired Portions – Applicability of RFCTLARR Act, 2013 – Held: The direction of the learned Single Judge to acquire the remaining portion of land or compensate for the severance is not mandatory – The Government has the discretion to decide on acquiring the remaining portion – The compensation must be determined in accordance wit...

Property Dispute – Claim of Encroachment Over Passage – No Title Proven – The appellant claimed ownership over a disputed passage in a residential area, alleging illegal encroachment by the defendant – The courts below found that the appellant had no title over the passage and failed to establish any ownership rights – Held: Mere assertion of right without documentary...

Civil Law - Partition Suit – Validity of Family Settlement – Order XII Rule 6 CPC – Suit dismissed – The Appellant challenged the Trial Court’s dismissal of his suit seeking partition of 104 acres of land and declaration of 2005 and 2006 family arrangement documents as null and void – Appellant argued that these documents were executed without his consent &ndash...

Ownership Dispute – Sale Deed Executed Before Consent Decree – No Title Passed to Plaintiff – The appellant challenged the sale deed executed by his father, Sher Singh, in favor of defendant No.2 on 30.07.1990, claiming that the land was transferred to him through a consent decree dated 30.08.1991 – The courts below held that since the sale deed predates the consent decree,...

Motor Accident Compensation – Death of Injured Claimant Before Award – Whether Legal Heirs Can Claim Compensation – The injured claimant filed MAC No. 136 of 2016 but passed away before judgment was pronounced – The Tribunal awarded ₹3,60,400/- with 7% interest, but later refused substitution of his married daughter (Petitioner) and minor granddaughter as legal heirs &nda...

Civil Procedure – Impleadment – Order 1 Rule 3 CPC – Application by Travancore Devaswom Board to be impleaded as supplemental defendant in a suit for declaration of title and recovery of possession – Trial court dismissed application for failure to satisfy conditions under Order 1 Rule 3 – Revision petition filed against this dismissal – High Court upheld trial ...

Civil Law - Employees’ Provident Fund – Exemption Cancellation – Impact on Sick Industrial Companies – Petitioner’s EPF exemption was revoked in 2002, and demand notices were issued for outstanding contributions – Petitioner, declared a sick industrial company in 1995, contended that attachment proceedings violated its statutory protection – Held: Cancella...