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

Industrial Disputes – Retrenchment and Reinstatement – The court examined the legality of the termination of services of the workmen employed as Chowkidars by the Haryana Agro Industries Corporation Limited. The court found that the workmen were initially directly employed by the corporation and subsequently their services were unilaterally outsourced to private agencies without proper...

Partition of Money – Interim Injunction – Security Sufficiency – Petitioner's challenge against the trial court's acceptance of security for the withdrawal of half of the fixed deposit amount – Trial court's order set aside by High Court – Respondent directed to furnish fresh evidence proving the exclusive title and possession of the property offered as se...

Civil Law - Eviction and Redevelopment – Consent of Members – Definition of "Building" – Petition challenging redevelopment of Nidhi Apartment dismissed – Petitioners objected to redevelopment on the grounds of lack of requisite consent (75%) for Block No. 1 and absence of development permission – Held: Definition of "building" under Section 60A of...

Criminal Law – Look Out Circular – Fundamental Right to Travel – Suspension of LOC Upheld – The appellant challenged the suspension of the LOC issued against the respondent, who was permitted to travel abroad by the learned Single Judge subject to conditions – Held: The respondent has cooperated with the investigation, attended when summoned, and the investigating age...

Civil Law – Injunction – Dispute Over Vahivat Road – Plaintiffs seeking injunction to prevent Defendants from using or obtaining NA permission for vahivat road allegedly curated for Plaintiffs' exclusive use – Trial Court granted injunction in favor of Plaintiffs – Appellate Court reversed Trial Court order – Held: Plaintiffs' claim based on prescription...

Family Law – Mental Cruelty – Definition and Threshold – Appellant alleged mental cruelty based on respondent’s behavior, including verbal insults regarding financial status and refusal to observe certain societal norms – Held: Such behavior, absent any evidence of harm or impact on the appellant, does not meet the threshold of mental cruelty under Section 13(1)(ia) o...

Property Law – Permanent Injunction – Suit for Injunction – Plaintiffs sought permanent injunction against the Government and its agents from interfering with their possession of properties – Defendants claimed the properties were Government-assigned lands resumed for redistribution – Plaintiffs proved possession through registered sale deeds and historical ownership ...

Civil Law - Partition Suit – Genuineness of Will – Appellants (Defendants 1 to 3) challenged the decrees passed by the Trial Court and the High Court affirming 5/7th share in properties to the plaintiffs (Respondents 1 to 5) – Plaintiffs claimed partition and denial of Will’s validity – Defendants relied on an unregistered Will dated 06.04.1990 in their favor – ...

Definition of Shamlat Deh – Section 2(g) of the Punjab Village Common Lands (Regulation) Act, 1961 – Amendment Analysis – Land classified as Shamlat Deh excludes certain lands under specific conditions, such as allotment on quasi-permanent basis to displaced persons or transfer by sale or any other manner before 09/07/1985 – Held: Leasehold rights do not qualify as "al...

Civil - Tariff-based bids - Scope of Section 63, Electricity Act – Applicability to Local Authorities – Expanded Interpretation Adopted – APTEL ruled that Section 63 could only be invoked by distribution licensees or generating companies – Held: Section 63 is not restricted to licensees or generating companies; local authorities implementing waste-to-energy projects under s...