CBI Can’t Prosecute When Bank Suffers No Loss: Andhra Pradesh High Court Discharges Bhimavaram Hospitals Directors in ₹1.5 Crore SBI Case Section 256 CrPC Cannot Be A Shield For An Accused Who Never Faced Trial: Allahabad High Court Restores 8 Cheque Bounce Complaints Minimum Wages Cannot Be Ignored While Determining Just Compensation: Andhra Pradesh High Court Re-Fixes Income of Deceased Mason, Enhances Interest to 7.5% 34 IPC | Common Intention Is Inferred From Manner Of Attack, Weapons Carried And Concerted Conduct: Allahabad High Court Last Date of Section 4 Publication Is Crucial—Error in Date Cannot Depress Market Value: Bombay High Court Enhances Compensation in Beed Land Acquisition Appeals Order 26 Rule 10-A CPC | Rarest of Rare: When a Mother Denies Her Own Child: Rajasthan High Court Orders DNA Test to Decide Maternity Acquittal Is Not a Passport Back to Uniform: Punjab & Haryana High Court Upholds Dismissal of Constable in NDPS Case Despite Trial Court Verdict Limitation Under Section 468 Cr.P.C. Cannot Be Ignored — But Section 473 Keeps the Door Open in the Interest of Justice: P&H HC Non-Stamping Renders A Document Inadmissible, Not Void – Defect Is Curable Once Duty Is Paid: Punjab & Haryana High Court Upholds Specific Performance MP High Court Upholds Ladli Behna Yojana Criteria; Rules Registration Deadlines and Age Limits Fall Under Executive Domain Criminal Courts Are Not Recovery Agents: Orissa High Court Grants Bail in ₹3.5 Crore Land Fraud Cases Citing Article 21 and Terminal Illness

"CIVIL LAW" Digest

Civil Law - Specific Performance – Validity of Agreement and Compliance by Vendees – Agreements Upheld – Both agreements to sell dated 28.04.1984 and 10.06.1985 found to be valid and unrevoked – Plaintiffs proved payment of earnest money and continued possession – Held: Trial court rightly found that plaintiffs fulfilled their contractual obligations while the vendor ...

Civil Writ - Customs Law – Amendment of IGM – Section 30(3) of the Customs Act – Delay and Noncompliance – Amendment Permissible - The Court held that authorities failed in their statutory duty under Section 30(3) of the Customs Act, 1962, to amend the Import General Manifest (IGM) despite a valid Bill of Lading showing Ludhiana as the final destination – Their relian...

Family Law - Child Custody – Mutual Consent Divorce – Subsequent Custody Petition – Impermissible Under Guardians and Wards Act – Allowed Under Hindu Marriage Act Only - Custody of child was settled by consent in mutual divorce decree under Section 13(b), granting custody to mother – Father subsequently filed petition under Section 25 of Guardians and Wards Act &ndash...

Civil Writ - Bike Taxi Services – Registration of Motorcycles as Transport Vehicles – Legal Permissibility under MV Act – Permitted - The petitioners including aggregators like Uber, Ola, and Rapido, and individual bike owners sought directions to register motorcycles as transport vehicles and grant permits for use as bike taxis – Held: Under existing law, motorcycles can b...

Civil Writ - Parens Patriae Jurisdiction – Protection of Orphaned Children – Asset Safeguarding – Intervention by Court Justified - The Court exercised its parens patriae jurisdiction for minor petitioners orphaned due to tragic circumstances, who were residing in child care institutions – Petitioners alleged that relatives were attempting to illegally encroach and misuse t...

Arbitration Law – Limitation under Section 34(3) ACA – Exclusion of Date of Receipt under Section 12(1) of Limitation Act Permissible - The limitation period for filing a Section 34 application begins after excluding the date of receipt of the arbitral award under Section 12(1) of the Limitation Act – Held: The date of receipt (09.04.2022) must be excluded – The 3-month per...

Guardianship – Applicability of JJ Act over Guardians and Wards Act – JJ Act Held Applicable – Children were found to be orphans within Section 2(42)(ii) of JJ Act as their mother was missing and mentally incapacitated and maternal grandmother expressed inability to care – Court held that JJ Act overrides the Guardians and Wards Act in such cases – Guardianship ap...

Service Law – Recovery of Excess Payment – No Misrepresentation or Fraud – Recovery Held Illegal – The appellants, retired Stenographers, were granted financial benefits based on retrospective promotions linked to Shetty Commission recommendations – After their retirement, recovery orders were issued on the basis of an erroneous interpretation of such recommendati...

Civil Writ - Expunging Remarks – Scope of Judicial Commentary – Trial Court Observations Against Non-Party Officer – Not Interfered With - The petitioner, a police officer, sought expunging of remarks made against him by the Trial Court despite not being an accused or witness – The Trial Court had only directed the Superintendent of Police to conduct an inquiry based on the...

Civil Law – Injunction - Defamation – Prima Facie Case and Rebuttal Opportunity – Wikipedia Content – Interim Relief Granted - Plaintiff alleged defamatory statements published on its Wikipedia page by anonymous administrators – Court found that statements were derived from editorial/opinion sources and not neutral or contextually accurate – Defendants No. 2 to ...