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

Motor Accident Compensation – Enhancement of Compensation – Functional Disability – Future Prospects – Appellant, a 25-year-old labourer, suffered amputation of his right hand below the elbow due to an accident involving a thresher machine attached to a tractor driven negligently by Respondent No.2 – MACT awarded Rs.3,76,090/- considering 20% permanent disability and ...

Challenge to the constitutionality - Legislative Power – Repeal of Law – Karnataka Motor Vehicles Taxation and Certain Other Law (Amendment) Act, 2003 – Validity Upheld - Karnataka Legislature enacted the 2003 Repeal Act, repealing the 1976 KCCA Act, which had previously nationalized private contract carriages – Held: The power to repeal a statute is coextensive with the po...

Consumer Law - Insurance Law – Rejection of Insurance Claim – Validity of National Permit – Non-Payment of Authorization Fee – Appellant’s insured truck caught fire due to a short circuit on 08.06.2014 while operating in Bihar – Insurance company rejected the claim, arguing that the national permit was not valid due to non-payment of the authorization fee beyond...

Recruitment Process – Cancellation of Previous Selection Process – Right to Reapply – Petitioners participated in 2022 recruitment process but were unable to secure positions—Recruitment process was cancelled by AAI on 13/02/2024—A fresh recruitment process was initiated on 19/12/2024, but petitioners became over-aged under the new eligibility criteria—Held: Can...

Specific Performance – Time as Essence of Contract – Relief Denied – The suit agreement stipulated payment of the balance consideration by 31-10-1994 – The plaintiff failed to pay within the stipulated period and did not issue any notice expressing readiness and willingness – The trial court overlooked material evidence demonstrating the plaintiff’s inaction &nd...

Court Fees – Refund of Court Fees – Section 16, Court Fees Act, 1870 – Not Entitled – The petitioner sought a refund of court fees paid at various stages of litigation, arguing that the case was decided based on a settlement – The High Court rejected the plea, holding that refund is permissible only when the matter is referred to arbitration, conciliation, judicial se...

Service Law – Standard of Proof in Disciplinary Proceedings vs. Criminal Proceedings – Standard of proof in a criminal trial is beyond reasonable doubt, whereas in a departmental enquiry, it is preponderance of probabilities – High Court erred in treating criminal acquittal as binding in disciplinary proceedings – Held: Even if an employee is acquitted in a criminal case, t...

Civil Law – Declaration of Ownership and Permanent Injunction – Family Settlement – Validity of Consent Decrees – Punjab and Haryana High Court upheld the judgments of the Trial Court and the First Appellate Court, which set aside two consent decrees obtained by fraud and misrepresentation by the appellant. The decrees were found void as they created rights in immovable pro...

Civil Law - Land Acquisition – Retrospective or Prospective Application of Compensation Benefits – Section 3J of the National Highways Act, 1956 – Supreme Court had earlier held that Section 3J of the National Highways Act, 1956, by excluding solatium and interest, was unconstitutional as it violated Article 14 – NHAI sought clarification that the judgment in Tarsem Singh (...

Adverse Possession – Khatedari Rights over SC/ST Land – Section 42(b), Rajasthan Tenancy Act, 1955 – Claim Rejected – The petitioners sought declaration of khatedari rights based on adverse possession over land purchased from a Scheduled Caste person in 1965 – The sale was in violation of Section 42(b) of the Rajasthan Tenancy Act, which prohibits transfer of land bel...