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

Civil Law – Injunction – Alleged Encroachment – Suit for permanent prohibitory injunction and alternate relief of possession based on alleged encroachment on Khasra No. 721 by adjoining landowners in Khasra No. 722 – Plaintiff claimed existence of 3-meter-wide vacant land between the two constructions – Trial Court and First Appellate Court rejected claim based on con...

Hindu Succession – Applicability of 2005 Amendment – Succession Opened Prior to 1956 – Plaintiff claimed share in suit property based on amended Section 6 of Hindu Succession Act, 2005 – Trial and appellate courts rejected claim holding succession opened in 1950–51 on father's death, prior to 1956 – Held: Since father died before enactment of Hindu Successio...

Cooperative Societies – Personal Liability under Section 88 – Petitioners, former managers of Rupee Cooperative Bank, challenged concurrent findings of Authorized Officer and Appellate Authority holding them personally liable for financial losses – High Court held: Proceedings suffered from procedural irregularity, lack of individualized findings, and failure to establish causal ...

Hindu Succession Act – Right of Preemption – Undivided Joint Family Property – Plaintiffs, being sons of deceased Balkrushna, filed suit against purchasers asserting right of preemption under Section 22 of the Hindu Succession Act – Suit lands held to be undivided joint family property descended from common ancestor Keshav – Plaintiffs and vendors (defendants 6 to 9) ...

Revenue Records – Mutation Dispute – Civil Court Jurisdiction – Writ Petition dismissed – Appellants (writ petitioners) claimed title through registered sale deeds executed in 1985 by original owner Meka Venkata Ram Mohan Appa Rao – 6th respondent (his sister) asserted rights based on unregistered Will dated 20.01.2014 and obtained mutation in her favour via ROR Appea...

Civil Procedure – Rejection of Plaint – Court Fee – Suit for Damages – Order 7 Rule 11 CPC – Plaintiff claimed damages of ₹2 crore in suit for malicious prosecution but affixed only nominal court fee of ₹100 claiming tentative valuation – Held: When a specific amount is claimed, even if termed “tentative,” ad valorem court fee is mandatory under ...

Parole – General Parole – Purpose and Eligibility – Petitioner-mother sought general parole for convict son to supervise renovation of home – Convict undergoing 10-year sentence under POCSO and IPC Section 376(2)(i) – Court held that construction/repair of home is a valid ground for parole under Regulation 636(v) – Requisite period of incarceration completed &nd...

Contempt of Court – Interim Order – Alleged Disobedience – Interim order dated 12.05.2025 stayed applicant's attachment and disciplinary proceedings with liberty to Nagar Palika Parishad to initiate proceedings as per law – Opposite party withdrew attachment order and permitted fact-finding enquiry, resulting in lodging of FIR – Held: The enquiry was not a discipl...

Criminal Law – Section 61(1)(a) of the Punjab Excise Act - Acquittal – Illegal Possession of Liquor – Compliance with Procedural Safeguards – Accused was acquitted by Trial Court in a case under Section 61(1)(a) of the Punjab Excise Act for alleged illegal possession and sale of country liquor – Trial Court found that the prosecution failed to comply with mandatory pr...

Property Law – Permanent Injunction – Co-sharer plea – Adverse inference – Concurrent findings – Suit land 32 marlas marked ABCD – Trial Court decreed injunction on possession; First Appellate Court affirmed – Defendant’s belated co-sharer argument inapplicable as he never pleaded joint status and instead set up exclusive claims (7 marlas with himsel...