Mere Allegations of Harassment Do Not Constitute Abetment of Suicide: Punjab & Haryana High Court Grants Bail to Wife in Matrimonial Suicide Case 'Convenience Of Wife Not A Thumb Rule, But Custody Of Minor Child Is A Weighing Aspect': Punjab & Haryana HC Transfers Divorce Case To Rohtak MACT | A Minor Cannot Be Treated as a Non-Earner: Punjab & Haryana High Court Consensual Love Affair Not Cheating Under IPC Section 417: Madras High Court Acquits Man Despite Paternity Confirmation Review Jurisdiction is an Ant-Hole in a Pigeon-Hol: Madras High Court Dismisses Review Plea Against Order Upholding Arbitral Award on Liquidated Damages Bank Can Freeze Guarantor’s Salary Account to Recover Loan Dues: Kerala High Court Clarifies CPC Exemption Does Not Apply to Banker’s Right Revenue Entry Calling Property ‘Ancestral’ Does Not Create Title: Gujarat High Court Upholds Registered Will in Second Appeal Licensee Cannot Resist Resumption Of Railway Land: Gauhati High Court Upholds Eviction For Amrit Bharat Station Scheme Mere Non-Payment of Business Dues Is Not Cheating: Calcutta High Court Protects Traders from Criminal Prosecution in Purely Civil Dispute Prosecution’s Failure to Prove Age of Prosecutrix Beyond Reasonable Doubt Fatal to POCSO Conviction: Rajasthan High Court Judicial Review Is Not A Substitute For Examiner’s Judgment: Delhi High Court Rejects DJSE Candidate’s Plea Over Alteration of Marks Part-Payments Extend Limitation - Each Payment Revives Limitation: Delhi High Court No Title, No Right, No Equity: Bombay High Court Demolishes Claim Over Footpath Stall, Imposes ₹5 Lakh Costs for Abuse of Process Cooperative Society Is A “Veritable Party” To Arbitration Clause In Flat Agreements, Temple Trust Entitled To Arbitrate As Non-Signatory: Bombay High Court State Government Cannot Review Its Own Revisional Orders Under Section 41(3): Allahabad High Court Affirms Legal Bar on Successive Reviews When Several Issues Arise, Courts Must Answer Each With Reasons: Supreme Court Automatic Retention Trumps Lessee Tag: Calcutta High Court Declares Saregama India ‘Raiyat’, Directs Reconsideration of Land Conversion Application Recovery of Valid Ticket Raises Presumption of Bona Fide Travel – Burden Shifts to Railways: Delhi High Court Restores Railway Accident Claim Failure to Frame Issue on Limitation Vitiates Award of Compensation Under Telegraph Act: Gauhati High Court Sets Aside Order, Remands Matter Compassionate Appointment Is Not a Heritable Right: Gujarat High Court Rejects 9-Year Delayed Claim, Orders Re-Issuance of ₹4 Lakh Compensation Court Cannot Rewrite Contracts to Suit Contractor’s Convenience: Kerala High Court Upholds Termination of Road Work Under Risk and Cost Clause Post-Bail Conduct Is Irrelevant in Appeal Against Grant of Bail: Supreme Court Clarifies Crucial Distinction Between Appeal and Cancellation Granting Anticipatory Bail to a Long-Absconding Accused Makes a Mockery of the Judicial Process: Supreme Court Cracks Down on Pre-Arrest Bail in Murder Case Recognition as an Intangible Asset Does Not Confer Ownership: Supreme Court Draws a Sharp Line Between Accounting Entries and Property Rights IBC Cannot Be the Guiding Principle for Restructuring the Ownership and Control of Spectrum: Supreme Court Reasserts Public Trust Over Natural Resources Courts Cannot Convict First and Search for Law Later: Supreme Court Faults Prosecution for Ignoring Statutory Foundation in Cement Case When the Law Itself Stood Withdrawn, How Could Its Violation Survive?: Supreme Court Quashes 1994 Cement Conviction Under E.C. Act Ten Years Means Ten Years – Not a Day Less: Supreme Court Refuses to Dilute Statutory Experience Requirement for SET Exemption SET in Malayalam Cannot Qualify You to Teach Economics: Supreme Court Upholds Subject-Specific Eligibility for HSST Appointments Outsourcing Cannot Become A Tool To Defeat Regularization: Supreme Court On Perennial Nature Of Government Work Once Similarly Placed Workers Were Regularized, Denial to Others Is Discrimination: Supreme Court Directs Regularization of Income Tax Daily-Wage Workers Right To Form Association Is Protected — But Not A Right To Run It Free From Regulation: Supreme Court Recalibrates Article 19 In Sports Governance S. Nithya Cannot Be Transplanted Into Cricket: Supreme Court Shields District Cricket Bodies From Judicially Imposed Structural Overhaul Will | Propounder Must Dispel Every Suspicious Circumstance — Failure Is Fatal: : Punjab & Haryana High Court Electronic Evidence Authenticity Jeopardized by Unexplained Delay and Procedural Omissions: MP High Court Rejects Belated 65B Application Not Answering to the Questions of the IO Would Not Ipso Facto Mean There Is Non-Cooperation: Supreme Court Grants Anticipatory Bail Undertaking to Satisfy Award Is Not Waiver of Appeal: Supreme Court Restores Insurer’s Statutory Right

"CIVIL LAW" Digest

Civil Law - Refund of Court Fees – Applicability of Central vs. State Legislation – Inconsistency Resolved – The appellant sought a complete refund of court fees under Section 16 of the CFA, 1870 after resolving a dispute through mediation under Section 89 CPC – Held: Court fees are governed by Entry 3 of List II (State List) of the Constitution; hence, the Maharashtra Cour...

Accident Claim - Compensation Assessment – Incorrect Duration for Recovery – Enhanced - The Court found that the Motor Accidents Claims Tribunal (MACT) had erred in granting compensation for therapies and attendant charges for a limited duration despite medical recommendations indicating ongoing needs. High Court also failed to correct these errors. Compensation under these heads was e...

Civil Procedure Code, 1908 – Order VII Rule 11(d) – Rejection of Plaint – Bar of Limitation – Appellants sought rejection of the plaint in Special Civil Suit No. 133 of 2009 under Order VII Rule 11(d) CPC, contending that the suit was barred by limitation – Respondent No. 1 claimed title to the suit lands through ancestral rights and filed the suit for declaration, po...

Consumer Law - Banking Regulation – Section 21A – Statutory Bar on Judicial Review of Interest Rates – The National Commission’s decision to cap interest rates charged by banks at 30% p.a. interfered with the Reserve Bank of India’s exclusive regulatory jurisdiction – Held: The NCDRC exceeded its powers, violating Section 21A of the Banking Regulation Act, which...

IBC - Corporate Insolvency Resolution – Jurisdiction under Article 226 – High Court’s Interference Improper – High Court set aside a resolution plan citing principles of natural justice violations due to alleged insufficient notice – Held: IBC provides a complete code with ample remedies; High Court intervention was unwarranted and delayed, especially as respondent ha...

Appointment of Ombudsman cum Ethics Officer – Constitutionality of Appointment – High Court Allowed Appointment – The Apex Council's decision to appoint an Ombudsman and Ethics Officer was challenged on the grounds of non-conformance with the Hyderabad Cricket Association's Constitution – The High Court set aside the Civil Court's suspension order and dismissed ...

Arbitration Law – Commencement of Limitation – Section 14(2) of the Arbitration Act, 1940 – Limitation Began Upon Awareness – The appellant's application under Section 17 of the Act was dismissed as premature by lower courts, interpreting the limitation to start only from formal notice of filing the award – Held: The limitation began on 21.09.2022 when the respond...

Arbitration Law - Arbitral Proceedings – High Court’s Supervisory Jurisdiction – Excessive Judicial Interference – High Court directed the Arbitral Tribunal to allow further cross-examination of a witness (RW-1) despite Tribunal’s decision to conclude it – Held: High Court’s interference under Article 227 was unwarranted and unjustified; Tribunal had alrea...

Land Acquisition - Claims Commission – Finalization of Claims – Pending Compensation and Benefits – The Claims Commission was established to determine compensation for lands acquired in Odisha villages – The Court previously directed no re-opening of finalized claims while emphasizing compliance with specific methodologies – Held: Commission tasked only with re-determ...

Arbitration Award – Evidence and Perverse Findings – The appellant challenged an arbitral award of Rs. 60,00,000/- granted to the respondent for damage to cement bags due to waterlogging. The tribunal relied solely on the respondent’s letter (Exhibit ‘T’) dated January 7, 2005, while discarding two survey reports – one by the insurer’s surveyor and another...