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...

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...

Second Appeal – Permanent Injunction – Tenant’s construction – Ownership and Landlordship – Res judicata plea – Suit shop purchased under registered sale deed of 1998 – Concurrent findings that plaintiff is owner/landlord (Sale Deed Ex.P2 proved; appellants failed to rebut) – Defendants’ own plea of “adverse possession” constitutes ...

Railways Act, 1989 – Section 124-A – Untoward Incident – Strict Liability – Bona Fide Passenger – Compensation – Deceased allegedly fell from an overcrowded passenger train due to a sudden jerk and succumbed to injuries during treatment – Tribunal dismissed claim holding that deceased was not a bona fide passenger and the ticket recovered was fabricated &n...

Civil Law – Impleadment – SCC Suit – Order I Rule 10 CPC – Lessees not necessary party – Petitioner-tenant sought to implead third-party lessees claiming rights under a registered lease deed – Revisional court remanded matter for fresh consideration – Held: Lease was time-bound and conditional with limited rights; right to prosecute and title remained with...

Succession Law – Scheduled Tribes – Applicability of Hindu Succession Act – High Court's direction to extend inheritance rights under Hindu Succession Act, 1956 to daughters in tribal areas of Himachal Pradesh – Held: Impermissible in law in absence of Central Government notification under Section 2(2) of the Act – Tribes remain governed by customary law unless no...

Hindu Widow’s Surrender – Mesne Profits – Limitation – Appeal Dismissed – Deed styled “release” by widow in favour of daughter (next reversioner) and son-in-law (stranger) held not to amount to valid surrender accelerating inheritance – Plaintiffs, as nearest reversioners, entitled to possession; mesne profits award from date of widow’s death s...

Appeal against dismissal of suit to avoid compromise decree – O.32 R.7 CPC and O.6 R.4 CPC – Compromise decree in 1924 partition suit challenged for coercion/undue influence and want of proper sanction – Held: Trial court then had Order 32 Rule 7 in view and granted permission noting benefit to minors – subsequent “approval” need not precede negotiations; omissi...

Civil Law - Lease - Holding Over – Section 116 TPA – Acceptance of Rent Before Expiry Not Sufficient – No Assent to Continued Possession – Lease ended by efflux of time; rent for 1937–38 was paid and accepted nearly a year before expiry and both sides proceeded on footing of expiry on 23 February 1938 – Section 116 requires acceptance of rent or other assent aft...

Civil Procedure – Rejection of Plaint – Order VII Rule 11 CPC – Trial Court dismissed application for rejection of plaint filed by defendants – Plaintiff’s husband had entered into a registered AGPA and was put in possession after paying full sale consideration – Suit filed for declaration, injunction and cancellation of gift deed allegedly executed fraudulently...