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

Civil Law - Impleadment of Party – Necessary or Proper Party – No Interference Warranted – The petitioner challenged the Rent Controller’s order allowing the respondents’ application under Order 1 Rule 10 CPC for impleading Kuljinder Singh (petitioner's attorney) as a necessary party – The Court noted that the respondents had made specific allegations that t...

Judicial Service Law - Disciplinary Proceedings Against Judicial Officer – Judicial Immunity – Scope of Article 226 – Petitioner, a judicial officer, challenged disciplinary action initiated against him for awarding excessive compensation in motor accident claims cases – Petitioner contended that judicial decisions are immune from disciplinary scrutiny unless malice or extr...

Civil Writ - Service Law - Payment of Gratuity – Interest on Delayed Payment – Section 7(3-A) of Gratuity Act – Gratuity was withheld due to pending audit objections and disciplinary proceedings against the deceased employee – The amount was later disbursed, but the petitioners (legal heirs) sought interest for the delay – Held: Interest is not payable if the delay is...

Service Law - Government Service – Unauthorized Absence – Denial of Pension – Absence Regularized as Extraordinary Leave – Tribunal’s Direction for Inquiry Ignored – The appellant, a government employee, remained absent from service from 1987 to 2007 – The Tribunal directed the authorities to conduct an inquiry into her claim that she was wrongfully preven...

Property Law - Land Reservation – Lapse of Reservation – Section 49(7) of the MRTP Act – No Acquisition Within Prescribed Timeline – The property in question was originally designated as reserved for a private school under the development plan of Amravati – The original owners served a purchase notice under Section 49 in 2006, requiring acquisition within one year &nd...

Civil Law - Insurance Law – Non-Disclosure of Existing Policies – Material Suppression – Repudiation of Claim – The appellant’s father obtained a life insurance policy but failed to disclose multiple existing policies from other insurers – Insurer repudiated the claim on the ground of material suppression – National Commission upheld repudiation relying on...

Writ Jurisdiction – SARFAESI Act - Maintainability Against Private Banks – Petition Dismissed – The petitioner, a borrower, sought directions against ICICI Bank (a private entity) for enforcement of SARFAESI proceedings, arguing that delays in auctioning the mortgaged property were increasing his financial liabilities – The Court held that a writ petition under Article 226 ...

Partition Suit – Allegation of Forgery in Consent Letter – No Substantial Evidence – The appellants sought declaration of their 1/3rd share in ancestral property and cancellation of a consent letter allegedly executed by forgery – The lower courts found that the appellants failed to produce conclusive evidence to prove forgery and upheld the mutation in favor of the respond...

Civil Procedure – Exercise of Inherent Powers – Section 151 CPC – No Illegality in Trial Court’s Order – The Trial Court allowed the defendant's application under Section 151 CPC for repairing a dilapidated pillar supporting an extended roof – The Court reasoned that failure to undertake such repairs could cause irreparable loss to both parties – Held:...

Civil Law - Partition Suit – Rejection of Plaint Under Order VII Rule 11 CPC – Grounds Must Be Apparent from the Plaint Itself – The defendants sought rejection of the plaint, arguing that the suit was barred by limitation and lacked a cause of action – The High Court held that under Order VII Rule 11 CPC, rejection of the plaint is permissible only if the defect is apparen...