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

Service Law - Leave Encashment – Pre-existing Right Established – Claim Upheld - The Labour Court rightly held that the respondent was entitled to leave encashment based on the certificate issued by the petitioner Corporation (mark 15/1), which confirmed accumulated leave credits. The Court ruled that leave encashment constitutes a property right, and its deprivation without statutory ...

Partition Law – Fraudulent Suppression of Necessary Parties – Defendant filed a partition suit (O.S. No.213/2002) against only one co-owner, omitting other necessary co-owners – Courts below erroneously upheld the decree despite evidence of suppression and fraud – Held: Decree in O.S. No.213/2002 is null and void for fraudulently excluding necessary parties [Paras 15.3-15.4...

Service Law – Recovery Orders – Quashing Sought – Petitioner, a retired Sub Divisional Officer, challenged recovery orders of ₹3,174/- and ₹25,850/-, imposed via departmental inquiries for alleged omissions and negligence – Petitioner contended that inquiries were conducted improperly, and the punishment orders were non-speaking – Held: Departmental inquiries were...

Procedural Law – Application and Transition – Savings Clause – FIR registered before the enactment of BNSS, 2023, must be dealt with under the provisions of the Cr.P.C., 1973, as per Section 531(2)(a) of BNSS – Petition initially filed under Section 482 Cr.P.C. was converted to Section 528 BNSS due to a registry objection – High Court clarified that ongoing investigat...

Civil Law – Amendment of Pleadings – Proviso to Order 6 Rule 17 CPC – Rejection of Application for Amendment After Trial Commencement – Petitioner filed applications for amendment of plaints in two civil suits and a written statement in a counterclaim – Trial court dismissed applications on grounds of lack of due diligence and contradictory pleas – Held: Applica...

Civil Procedure - Rebuttal Evidence - Handwriting Expert: Petitioners contested the trial court's order allowing respondents to examine a handwriting expert in rebuttal. The petitioners argued that this would fill the lacuna in the respondents' evidence. The High Court affirmed that under Order XVIII, Rule 3 CPC, a party can lead rebuttal evidence on issues where the onus is on the opposit...

Property Law – Lease and Conveyance – Application for Conveyance – Municipal Corporation of Greater Mumbai (MCGM) denied conveyance of Block-A to Century Textiles & Industries Limited post lease expiration – High Court allowed writ petition directing conveyance – Supreme Court held: Neither statutory framework nor lease terms imposed any obligation on MCGM to conv...

GST Registration – Retrospective Cancellation – Petitioner’s Registration Cancelled Retrospectively to 01.07.2017 – Application for Cancellation Rejected Without Specific Reason – Show Cause Notice Issued Without Specific Reason or Date for Hearing – Impugned Order Contradictory, No Material for Retrospective Cancellation – Court Held Cancellation Should N...

Taxation Law - GST Act - Seizure of Goods – Provisional Release Pending Adjudication – Allowed - The petitioner challenged the seizure of goods and denial of provisional release during proceedings under Section 130 of the GST Act. The Court held that Section 130 does not bar interim release, and provisional release is permissible under Section 67(6) upon execution of a bond and payment...

Civil Law - Land Ownership and Possession – Permanent Injunction – Concurrent Findings of Fact – Plaintiffs purchased the suit lands under registered sale deeds and sought a permanent injunction against interference by the Government – Defendants claimed the lands were assigned to others under the A.P. Assigned Lands (Prohibition of Transfers) Act and resumed by the Governm...