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 – Reservation for BC Category – Requirement of Fresh BC Certificate – Validity of Certificates – Rejection of Candidature Arbitrary – Candidates applied for recruitment to the post of Constable (General Duty) under BC-A/BC-B category – Their candidature was rejected on the ground that caste certificates were issued before 01.04.2023 – Held: No ...

Service Law – Compassionate Appointment – Legality of Adoption – Rejection of Adoption Based on Registration Date Held Invalid – The respondent sought compassionate appointment on the demise of her adoptive father, a Railway employee – The Railways rejected her claim, arguing that the adoption deed was registered on 02.06.2017 when she was above 20 years old – H...

Labour Law – Definition of Workman – Petitioner employed as Store-Keeper/Manager was terminated and sought relief under the Industrial Disputes Act, 1947 – Industrial Tribunal held that petitioner does not qualify as a "workman" under Section 2(s) because he was employed in a supervisory capacity and drew a salary exceeding ₹10,000 per month – High Court upheld ...

Penalty under Section 47(6) KVAT Act – The Tribunal cancelled the penalty imposed on the respondent assessee, noting that the consignment was accompanied by valid transport documents and statutory declarations – Held that the documents demonstrated no intent to evade tax, rendering the penalty order unsustainable [Paras 1-9]. Assessment based on Penalty Order – The Tribunal al...

Civil Law - Summary Suit – Unconditional Leave to Defend Required When Defence is Plausible – The High Court ruled that under Order 37 CPC, if the defendant raises a triable issue or plausible defence, unconditional leave must be granted – The trial court erred in holding the defence plausible but improbable while imposing a 50% bank guarantee requirement, contrary to Supreme Cou...

Service Law – Termination on Basis of Criminal Case – Acquittal Makes Termination Illegal – The petitioner was terminated based on pending criminal proceedings, but he was acquitted by a judgment dated 30/10/2021 – The Court held that the termination was unjustified as the Education Officer ignored the acquittal order and acted arbitrarily [Paras 6-7]. Employment Law &nd...

Simplicitor Suit for Possession – Requirement to Set Aside Sale Deeds – Suit Dismissed – The plaintiffs sought possession of land based on pre-emption rights without seeking a declaration to set aside prior sale deeds from 1978 and 1984 executed by their father, the natural guardian. The Court, relying on the Supreme Court's ruling in Murugan vs Kesava Gounder, held that the ...

Family Law - Divorce – Permanent Alimony – Full and Final Settlement – Maintenance Arrears Not Included – The Court had granted a decree of divorce and awarded Rs. 50,00,000/- as permanent alimony, which was paid by the husband – The wife later filed a Miscellaneous Application seeking inclusion of maintenance arrears from Maintenance Case No. 408 of 2017 pending befo...

FEMA – Omission of Section 6(3)(b) – Impact on Pending Proceedings – The petitioners argued that Section 6(3)(b) of FEMA was omitted by the Finance Act, 2015, and thus, no proceedings could be initiated for alleged violations under this section – Held: Omission of a statutory provision is equivalent to repeal, attracting the application of Section 6 of the General Clauses A...

Negotiable Instruments Act – Dishonor of Cheque – Conviction under Section 138 – The petitioner issued a cheque for Rs. 4,90,000/- towards repayment of a loan of Rs. 4,00,000/- with accrued interest – The cheque was dishonored due to insufficient funds – Trial Court convicted the petitioner and sentenced him to six months simple imprisonment and compensation payment &...