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

Civil Procedure – Recovery of Possession – Appeal against the judgment of the First Appellate Court which reversed the Trial Court’s decree in favor of the plaintiff for the recovery of possession of 2 cottahs of land – First Appellate Court set aside the decree on grounds of insufficient description of the suit property and non-joinder of necessary parties – High Cou...

Defamation – Right to be Forgotten – Ad-Interim Injunction – The plaintiff was acquitted in a criminal case but alleged that defamatory posts from 2018 related to the case were still available on the websites of defendants (media houses), causing harm to his reputation – The Court recognized the right to be forgotten as an inherent aspect of the right to privacy and granted...

Delayed Payment – Contractual Obligations – Petitioner, a contractor, completed work for National Highway Authorities. Final payment was delayed due to allegations regarding the bitumen used. Payment was released after 11 years, but the petitioner seeks interest for the delay. Government orders granted interest but at a rate of “1% less than the bank rate.” Disputes arose o...

Wilful Defaulters – Master Circular Compliance – Assessment of Committee Decisions – Petitioners challenged declarations as wilful defaulters by the First Committee and affirmation by the Review Committee – Court found declarations based solely on a Transaction Audit Report (TAR) by Deloitte Touche Tohmatsu India, LLP, without independent evidence – TAR itself stated ...

Land Acquisition – Enhancement of Compensation – Appeals and Cross Objections – Appeals and Cross Objections arose from a Common Order enhancing compensation for acquired lands – Reference Court enhanced market value from ₹45,000/- to ₹1,13,000/- per acre for dry land and from ₹65,000/- to ₹1,33,000/- per acre for irrigated dry land (ID land) – Held: Market va...

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...