Supreme Court Strikes Down Expulsion of Bihar MLC as Disproportionate, Orders Immediate Reinstatement Private Banks Not Subject to Writ Jurisdiction Under Article 226: Punjab & Haryana High Court Mere Allegation of Forgery is Not Enough: Madhya Pradesh High Court Dismisses Second Appeal in Partition Dispute When a Case is Made Out for Bail, Courts Should Not Hesitate: Kerala High Court Allows Bail Despite Commercial Quantity of Drugs Seized Retailers Cannot Be Prosecuted for Manufacturer’s Fault" – Karnataka High Court Quashes Case Against Pesticide Dealers Mere Issuance of a Cheque Does Not Prove Legally Enforceable Debt": Delhi High Court Upholds Acquittal in Cheque Dishonor Case Courts Cannot Ignore Urgent Repairs When Public Safety is at Stake: Calcutta High Court Upholds Trial Court's Order Mutation Entries Do Not Confer Ownership: Bombay High Court Rejects Premature Dismissal of Partition Suit No Substantial Question of Law – High Court Cannot Re-Appreciate Evidence Under Section 100 CPC: Andhra Pradesh High Court Injunction Cannot Be Granted Without Proof of Possession: Allahabad High Court Quashes Relief in Land Dispute Section 197 CrPC | Sanction for Prosecution is a Shield, Not a Sword: Supreme Court Quashes Criminal Case Against BIS Officer Landlord is the Best Judge of His Needs: Supreme Court Orders Eviction in Favor of Landowner Vijaya Bank TT Scam | Supreme Court Acquits Jeweller in ₹6.7 Crore Vijaya Bank Fraud Case, Orders Return of 205 Gold Bars Procurement Preference for Small Enterprises is a Legal Mandate, Not a Mere Policy: Supreme Court Rules in Favor of MSMEs Revisional Jurisdiction Cannot Be Invoked Against Interlocutory Orders of Commercial Courts: Orissa High Court Declares Section 8 Bar Absolute Victim’s Testimony Must Be of Sterling Quality to Be Sole Basis of Conviction: Kerala High Court Reduces Sentence of Pastor Convicted for Repeated Rape of Minor Providing Set-Top Boxes to Subscribers Constitutes Sale”: Karnataka High Court Upholds VAT on Tata Play Limited Mere Registration of FIR Cannot Justify Denial of Passport Renewal: Jammu & Kashmir and Ladakh High Court

"CIVIL LAW" Digest

Civi Law - Rejection of Plaint – Order VII Rule 11 CPC – Cause of Action and Limitation – The Respondents sought to declare a judgment and decree as null and void on allegations of fraud – Held: The Plaint did not disclose any specific averments as to how the decree was obtained by fraud – Additionally, the cause of action to challenge the Agreements to Sell arose in ...

Summary Suit – Leave to Defend – Order XXXVII CPC – Principles for Granting Leave – The appellant issued post-dated cheques towards repayment of investment but later claimed they were forcibly obtained – The trial court rejected the leave to defend application and decreed the suit – Held: The appellant’s defence was frivolous and vexatious, raising no genu...

Motor Accident Compensation – Functional Disability – Self-Employed Victim – The claimant-appellant suffered amputation of his right leg above the knee due to a motor accident – The Tribunal assessed permanent disability at 50%, while the High Court did not increase it – Held: The appellant, being self-employed, required mobility for his livelihood – The correct...

Civil Law - Execution of Decree – Fraudulent Transfer – Section 53, Transfer of Property Act – Judgment-Debtor's Transfer of Property Before Suit Filing – Held: Under Section 53 of the Transfer of Property Act, if a judgment-debtor transfers immovable property with an intent to defeat or delay creditors, such transfer is voidable at the creditor's option – Pet...

Writ - Police Harassment and Bribery – Dismissal of Petition Due to Lack of Evidence – Petition Dismissed – The petitioner, a self-proclaimed anti-corruption crusader, alleged harassment and bribery demands by police officials. He claimed to possess a video CD showing police officials receiving bribes, but failed to submit the original CD as directed by the Court. Despite multipl...

Civil Procedure – Discovery and Inspection – Order XI Rule 15 CPC – Right to Seek Inspection – The petitioners, plaintiffs in an eviction suit, filed an application under Order XI Rule 15 CPC seeking inspection of documents referred to in the written statement – The trial court rejected the application, stating that it was filed at a belated stage after the settlement...

Civil Writ – NHAI - Highway Infrastructure – Judicial Review – Scope of Court Intervention – Petition Dismissed – The petitioner sought the relocation of a Foot Over Bridge (FOB) proposed by the NHAI in front of its showroom, citing potential business disruptions and pedestrian safety risks. The court held that judicial review is limited in matters involving technical...

Construction Permission – Building Permit – KPBR 2011 and KPBR 2019 – Petitioners challenged permissions for the construction of a new church granted by government and local authorities – Contention that permissions were granted without proper adherence to statutory requirements under KPBR 2011 and KPBR 2019, and without valid NOC from the District Collector as mandated pri...

Motor Accident Compensation – Functional Disability – Self-Employed Victim – The claimant-appellant suffered severe injuries in a motor accident, leading to complete incapacitation – The Tribunal assessed permanent disability at 20%, while the High Court increased it to 100% – Held: The High Court correctly assessed the disability at 100%, as the appellant was unable ...

Matrimonial Law – Divorce – Mental Cruelty – Section 13(1)(ia) of Hindu Marriage Act – The wife sought divorce on the ground that the husband refused to lead a marital life and neglected her without reasonable cause – The trial court found that the husband intentionally avoided conjugal relations, causing mental cruelty – Held: Mental cruelty is a subjective con...