State Can’t Block SARFAESI Sale by Late Revenue Entries: Secured Creditor’s Charge Prevails Over Tax Dues: Punjab & Haryana High Court Slams Sub-Registrar’s Refusal Providing SIM Card Without Knowledge of Its Criminal Use Does Not Imply Criminal Conspiracy: P&H High Court Grants Bail in UAPA & Murder Case Importer Who Accepts Enhanced Valuation Cannot Later Contest Confiscation and Penalty for Undervaluation: Madras High Court Upholds Strict Liability under Customs Act Marriage Cannot Be Perpetuated on Paper When Cohabitation Has Ceased for Decades: Supreme Court Invokes Article 142 to Grant Divorce Despite Wife’s Opposition Ownership of Trucks Does Not Mean Windfall Compensation: Supreme Court Slashes Inflated Motor Accident Award in Absence of Documentary Proof Concealment of Mortgage Is Fraud, Not a Technical Omission: Supreme Court Restores Refund Decree, Slams High Court’s Remand State Reorganization Does Not Automatically Convert Cooperative Societies into Multi-State Entities: Supreme Court Rejects Blanket Interpretation of Section 103 Indian Courts Cannot Invalidate Foreign Arbitral Awards Passed Under Foreign Law: Madhya Pradesh High Court Enforces Texas-Based Award Despite Commercial Court’s Contrary Decree Sudden Quarrel over Mound of Earth — Not Murder but Culpable Homicide: Allahabad High Court Eligibility Flows from Birth, Not a Certificate Date: Delhi High Court Strikes Down Rule Fixing Arbitrary Cut-Off for OBC-NCL Certificates in CAPF (AC) Recruitment Bar Under Order II Rule 2 CPC Cannot Be Invoked Where Specific Performance Was Legally Premature Due To Statutory Impediments: P&H High Court Once a Court Declares a Department an Industry Under Section 2(j), State Cannot Raise the Same Objection Again: Gujarat High Court Slams Repetitive Litigation by Irrigation Department “How Could Cheques Issued in 2020 Be Mentioned in a 2019 Contract?”: Delhi High Court Grants Injunction in Forged MOA Case, Slams Prima Facie Fabrication

"CIVIL LAW" Digest

Tenancy – Eviction – Bona Fide Requirement – Greater Hardship – Landlord's Requirement Upheld – Section 16(1)(g) Maharashtra Rent Control Act – Landlord pleaded bona fide requirement of tenanted room for personal residential use due to growing family and marriage of son – Defendants had purchased alternate house in Bhusawal and were not residing in sui...

Tender – Disqualification of Bid – Solvency Certificate – Clause 18 of NIT – Appellant’s technical bid rejected by Krishi Utpadan Mandi Parishad as “haisiyat praman patra” (solvency certificate) was issued by a private architect rather than District Magistrate – NIT did not specify that certificate must be issued by the District Magistrate – He...

Environmental Law – Jurisdiction of State Pollution Control Boards – Environmental Compensation – RSPCB imposed environmental compensation for alleged operation of brick kiln without valid Consent to Operate – Petitioners challenged competence of Board to impose compensation without statutory backing – Held: In absence of rules and regulations forming subordinate legi...

Contempt of Court – Fraud on Court – Forgery – Abuse of Judicial Process – Husband of the appellant impersonated her and filed writ petition and writ appeal using forged signatures without her knowledge – Interim orders obtained based on misrepresentation – Court held this to be a gross abuse of process amounting to criminal contempt – Directed initiation ...

Hindu Marriage Act – Divorce on Ground of Cruelty – Decree of Divorce – Permanent Alimony – Appeal Dismissed – Matrimonial Dispute – Allegations of Cruelty – Marriage between Appellant-Wife (Group 'A' Officer in Indian Railway Traffic Service) and Respondent-Husband (Advocate) solemnized on 25.01.2010 – Parties separated on 08.03.2011 –...

Family Law – Divorce Proceedings – Jurisdiction – Overseas Citizens – F.C.O.P. filed by respondent-husband in India seeking divorce on grounds of cruelty – Petitioner-wife contended both parties are US citizens and have only temporarily resided in India – High Court held: Citizenship alone does not bar filing of matrimonial proceedings in India – If partie...

Banking Law - Debt Recovery – SARFAESI Proceedings – Maintainability of Writ – Appellant, a Small Enterprise under the MSMED Act, challenged action taken by the Bank under Section 13 of the SARFAESI Act citing failure to follow RBI’s rehabilitation guidelines – Contended that Bank could not invoke SARFAESI without exploring rehabilitation under 2015 RBI Notification &...

Civil Procedure – Res Judicata – Suit for Injunction Barred by Prior Decree – Appellant-plaintiff, claiming as Karanavan of Kadapurathaillam Tarwad, filed suit for prohibitory injunction alleging unlawful possession by members of a Thavazhi – Trial Court dismissed suit as barred by res judicata based on earlier decisions (OS 47/1969 and OS 6/1975) – Held: Prior suit i...

Limitation – Condonation of Delay – Delay of 435 Days – Rejected – State sought condonation of 435-day delay in filing appeal against decree dated 10.09.2022 – Claimed delay due to procedural steps, internal processing, and official hierarchy – Held: Documents on record showed Collector Ratlam was aware of the decree as early as August 2023 – Despite this,...

Insurance Law – Fire Insurance – Cause of fire immaterial in absence of insured-instigation – Surveyor’s inference of “non-accidental” fire found unreasoned – Incident held accidental – NCDRC’s finding on liability affirmed – Interest modified to 6% p.a. from three months after the incident – Appeals: insurer dismissed, insured part...