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

Maintenance and Welfare of Parents and Senior Citizens Act, 2007 – Eviction of Son-in-law – Definition of Children – The appellant, being the son-in-law of respondent No.3, challenged the eviction order passed under Section 23 of the Act of 2007, arguing that he does not fall under the definition of “children” or “relative” as per Sections 2(a) and 2(g) &n...

Railway Accident Claim - Compensation Disbursement – Appeal – The claimants challenged the award passed by the Railway Claims Tribunal (RCT), which ordered 90% of the compensation to be invested in a fixed deposit for three years – The High Court noted that the RCT Chandigarh Bench had been issuing similar directions in numerous cases – The Tribunal's actions were inten...

Service Law - Seniority – Regularisation of Temporary Appointments – Whether Period of Officiating Service Can Be Counted for Seniority – Held: Yes – Appellants were initially appointed as temporary AEEs in 1990-1992 and continued in service uninterruptedly before their regularisation – Their appointments were made against sanctioned posts under Rule 10(a)(i) of the A...

Defamation – False and Malicious Publication – Freedom of Press Not Absolute – The plaintiff alleged that two articles published in Junior Vikatan falsely accused him of misusing public funds in the Sethusamudram Project and making derogatory remarks about a senior political leader – The Court held that while the press has freedom under Article 19(1)(a), it is subject to re...

Motor Accident – Liability of Insurance Company – Principle of ‘Pay and Recover’ – The appellant-owner challenged the award on the grounds that his driver held a valid license verified before employment – However, the driver was found to lack a valid driving license at the time of the accident – Held: Following Supreme Court precedents, including Parminder...

Civil Procedure – Rejection of Plaint – Order 7 Rule 11 CPC – Maintainability of Civil Suit Against Partition Proceedings – The petitioners sought rejection of the plaint contending that the suit challenging partition proceedings was barred under Section 158(2)(xviii) of the Punjab Land Revenue Act, 1887 – The respondents contended that the partition proceedings were ...

Motor Accident Compensation – Applicability of Exchange Rate – Whether Compensation Should Be Computed at Exchange Rate on Date of Accident or Date of Claim Petition – Held: Date of Claim Petition – The deceased, a U.S. resident, earned $11,600 per month – The High Court applied an exchange rate of the accident date (2009), reducing the compensation – Held: As p...

Education Law – Appointment of Chancellor – Requirement of Approval from the Visitor – No Deemed Approval – The appellants contended that the appointment of the Chancellor was valid despite the lack of express approval from the Visitor (Governor of Meghalaya), relying on the doctrine of "deemed approval" – Held: The provisions of the CMJ University Act, 2009...

Contract Law – Breach of Reciprocal Contractual Obligations – Entitlement to Refund – The appellant was allotted land by HUDCO for a 5-star hotel project but defaulted on further payments, leading to cancellation and forfeiture of ₹28.11 crores – The appellant claimed that HUDCO breached its reciprocal obligations by failing to execute the required approvals and sub-lease...

Civil Law - Will – Burden of Proof – Right to Lead Rebuttal Evidence – The petitioner, as defendant No.1, claimed ownership based on a Will dated 29.06.2000 – The onus to prove the execution of the Will was on the petitioner – Once the defendant led evidence, the plaintiff had the right to rebut the same – Held: The plaintiff’s affidavit in rebuttal was co...