MACT | Fraud Vitiates All Judicial Acts, Even Without Specific Review Powers: Rajasthan High Court    |     Right of Private Defense Cannot Be Weighed in Golden Scales: Madhya Pradesh High Court Acquits Appellant in Culpable Homicide Case    |     Pre-Arrest Bail Not a Right but an Exception: Himachal High Court Denied Bail In Dowry Death Case"    |     Service Law | Similarly Situated Employees Cannot Be Denied Equal Treatment: PH High Court Orders Regularization    |     Presumption of Innocence Remains Supreme Unless Clearly Overturned: PH High Court Affirming Acquittal    |     Any Physical Liaison with A Girl Of Less Than Eighteen Years Is A Strict Offense.: Patna High Court Reiterates Strict Stance On Sexual Offences Against Minors    |     Orissa High Court Rules Res Judicata Inapplicable When Multiple Appeals Arise from Same Judgment    |     Mandatory Section 80 Notice Cannot Be Bypassed Lightly:  Jammu & Kashmir High Court Returns Plaint for Non-Compliance    |     Bombay High Court Denies Permanent Lecturer Appointment for Failing to Meet UGC Eligibility Criteria at Time of Appointment    |     Deferred Cross-Examination Gave Time for Witness Tampering, Undermining Fair Trial: Allahabad High Court    |     Dowry Death | Presumption Under Section 113-B Not Applicable as No Proof of Cruelty Soon Before Death : Supreme Court    |     Land Acquisition | Jaiprakash Associates Ltd. (JAL) Liable for Compensation under Supplementary Award, Not Ultra-Tech Cement Ltd.: Supreme Court    |     Non-Mentioning of Bail Orders in Detention Reflects Clear Non-Application of Mind: J&K High Court Quashes Preventive Detention Order    |     Conviction Under Arms Act and Criminal Conspiracy Quashed Due to Non-Seizure of Key Evidence and Failure to Prove Ownership of Box: Jharkhand High Court    |    

"CIVIL" Digest

HUF Property – Agreement to Sell by Karta – Suit property, acquired from compensation for ancestral property in Pakistan, held to be HUF property since 1947 – Karta (Defendant No.1) lacked authority to sell HUF property individually – Agreement to Sell void to the extent of shares of coparceners except Karta’s share. [Para 68-99, 188]   Specific Performance...

Appointment and Termination - Interpretation of terms of appointment and service agreement - Appellant appointed as a Junior Medical Representative (Trainee) with a mandatory training period - Training period extendable for a further 12 months - Appellant claimed automatic confirmation after the initial 12 months - Respondent rejected claim and extended training - Appellant's performance deeme...

Appeal Against Premature Retirement and Pension Denial – Appeal lodged by Punjab National Bank challenging the order of learned Single Judge, allowing the writ petition of the Respondent for release of pension post premature retirement – Dispute surrounds the interpretation and application of Punjab National Bank (Officers) Service Regulations, 1979 and Punjab National Bank (Employees)...

Recruitment Process – Eligibility Criteria – Determination of Cut-off Date – The Union Public Service Commission (‘UPSC’) had advertised for recruitment to the post of Principal under the Directorate of Education, Government of NCT of Delhi. The advertisement was initially issued on April 24, 2021, with a closing date of May 13, 2021, but was reissued on July 10, 2021...

Second Appeal – Civil Property Dispute – Hiba (Gift) - Appellants challenge the decision of the 2nd Additional District Judge, Shajapur, in RCA No.20A/2014 which upheld the lower court's judgment in RCS No.32A/2013. The suit was initiated for a declaration of title and permanent injunction concerning a property purportedly gifted ('Hiba') by Sugrabai to the plaintiffs. [Par...

Debts Recovery Tribunal Jurisdiction - Interpretation of Section 13(10) of the SARFAESI Act - Whether the Debts Recovery Tribunal constituted under the RDB Act exercises original jurisdiction for the recovery of debts under the SARFAESI Act - Examination of the legislative intent - Applicability of pecuniary jurisdiction under the RDB Act to applications made under Section 13(10) of the SARFAESI A...

Civil Appeal – Review Petitions – Challenge to a common judgment and order dated 06.09.2022 passed by this Court in Civil Appeal No. 1661 of 2020 and Civil Appeal No. 2568 of 2020 – Review Petitioners aggrieved by the judgment seek a review – Scope of review discussed. [Para 1-6] Review Jurisdiction – The power to review judgments is conferred by Article 137 of the...

Civil Writ Petition – Unlawful Arrest and Detention – Challenge to legality of petitioner's arrest and subsequent remand by Enforcement Directorate under PMLA – Petitioner's arrest deemed illegal due to non-compliance with Section 19 of PMLA – Written grounds of arrest were not furnished as mandated – Subsequent remand orders also set aside – Directed re...

Selection Process – Challenge to Selection – Petitioner seeks to set aside the selection of respondents No. 2 and 3 to the post of Safai Karmchari-cum-Sub Staff pursuant to an advertisement dated 08.11.2012. The petitioner contends for consideration under the General category after availing age relaxation under the SC category. [Para 2]   Age Relaxation – Consideration...

Landlord-Tenant Dispute - Quashing of Rent Authority's order striking off tenant's defense - Tenant filed an application seeking leave to defend but mistakenly filed it in the wrong petition - Rent Controller struck off tenant's defense for non-filing of reply - Subsequent application to rectify the mistake was dismissed - Petitioner claimed bonafide mistake - Court recognized the tech...