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

"CIVIL LAW" Digest

Service Law - Seniority – Regularisation of Temporary Appointments – Whether Period of Officiating Service Can Be Counted for Seniority – Held: Yes – Appellants were initially appointed as temporary AEEs in 1990-1992 and continued in service uninterruptedly before their regularisation – Their appointments were made against sanctioned posts under Rule 10(a)(i) of the A...

Railway Accident Claim - Compensation Disbursement – Appeal – The claimants challenged the award passed by the Railway Claims Tribunal (RCT), which ordered 90% of the compensation to be invested in a fixed deposit for three years – The High Court noted that the RCT Chandigarh Bench had been issuing similar directions in numerous cases – The Tribunal's actions were inten...

Defamation – False and Malicious Publication – Freedom of Press Not Absolute – The plaintiff alleged that two articles published in Junior Vikatan falsely accused him of misusing public funds in the Sethusamudram Project and making derogatory remarks about a senior political leader – The Court held that while the press has freedom under Article 19(1)(a), it is subject to re...

Civil Law - Partition Suit – Prior Oral Partition and Registered Deed of 1983 – No Proof of Ouster – Plaintiffs’ Share Upheld – Defendants contended that an oral partition had taken place in 1970, followed by a registered Partition Deed in 1983 – Argued that plaintiff Nos. 1 to 3’s father had relinquished his share voluntarily – Plaintiffs claimed th...

Civil Law - Will – Burden of Proof – Right to Lead Rebuttal Evidence – The petitioner, as defendant No.1, claimed ownership based on a Will dated 29.06.2000 – The onus to prove the execution of the Will was on the petitioner – Once the defendant led evidence, the plaintiff had the right to rebut the same – Held: The plaintiff’s affidavit in rebuttal was co...

Civil Writ - Maternity Leave – Third Pregnancy – Second Wedlock – Interpretation of Rule 101(a) of Fundamental Rules – Petitioner, a staff nurse in Government Rajaji Hospital, Madurai, was denied maternity leave for her third pregnancy on the ground that she already had two surviving children from her first marriage—Held: Petitioner had not availed maternity leave for...

Criminal Law – Murder and Rape Conviction – Acquittal – Appellant was convicted for murder, rape, and robbery of the deceased under Sections 302, 376A, and 392 IPC by the trial court – Prosecution relied on circumstantial evidence, including witness testimonies placing the appellant near the crime scene, recovery of stolen gold, and mud-stained clothes – Appellant cha...

Motor Accident Compensation – Determination of Income – Income Tax Returns as Conclusive Proof – The Tribunal and the High Court erred in computing the deceased’s income by ignoring his Income Tax Returns – The Supreme Court held that when available, Income Tax Returns should be considered a reliable document for determining income – Held: The deceased’s a...

Challenging the selection Appointment to Public Office – Eligibility Criteria – Mandatory Compliance – The Supreme Court reiterated that statutory eligibility requirements for public appointments must be strictly adhered to – The third respondent lacked the requisite experience of 10 years as "Head of a Department" or "Head of an Organisation" as require...

Civil Law - Abatement of Appeals – Substitution of Legal Representatives – Delay Condonation – Procedural Compliance Under Order XXII CPC – The High Court dismissed the second appeals as abated on the ground that no application for substitution was filed by Om Prakash Gupta’s heirs – The Supreme Court held that when an application for substitution had already be...