Occupancy Certificate is Decisive in Determining Project Completion: Kerala High Court Clarifies RERA Provisions Security Cheques Are Legally Enforceable if Liability Exists at Maturity: Rajasthan High Court Once Cognizance is Taken, Magistrate Cannot Order Fresh Investigation under Section 156(3): P&H High Court Distinguishing Civil from Criminal: ‘Mere Non-Payment Does Not Constitute Cheating,’ Rules Calcutta High Court” Kerala High Court Dismisses Petition to Quash Case of Extortion Involving Illicit Bathing Photographs No Denial of Ayushman Bharat Benefits Due to Delayed Documentation: Rajasthan High Court High Court at Calcutta Quashes FIR in Quick Heal Forgery Case, Emphasizes Need for Affidavit in Section 156(3) Applications” Khatauni Mal Figures Alone Cannot Establish Liability Without Corroborative Evidence of Actual Collection and Default: Punjab and Haryana High Court In a Case of Rape, Compromise Can Never Be Thought of – A Woman’s Body Is Her Own Temple: Kerala High Court No Limitation Period for Redeeming Usufructuary Mortgage: P&H High Court: 'Right to Recover Possession Begins When Mortgage Money is Fully Paid

"CIVIL" Digest

Service Law - Pension - Daily Wage Service - Regularization - Continuity of Service - New Pension Scheme-Pension - Counting of Daily Wage Service – Civil writ petition under Articles 226 and 227 challenging conditions in the regularization of service – Held: The petitioner, who worked as a daily wager from 01.01.1995 and whose services were regularized in 2014, is entitled to count his...

Taxation Law – Central Sales Tax Act, 1956 – Dispute over classification of transactions as Inter-State Sales or Stock Transfers – Challenge to assessment by State of Haryana imposing tax on transactions treated as inter-State sales – High Court examines whether movement of goods from Haryana to Bihar under an agreement constituted a sale or stock transfer – Held: Sup...

Service Law – Regularization of Service – The petitioner sought the antedating of his regularization as a Homeopathic Assistant either to his initial engagement date in 1992 or the date of sanction of the post in 2000. The court held that the petitioner’s service regularization was correctly dated to 06.03.2019, the date of the prior order of the High Court. The court rejected th...

Judicial Review - Infrastructure Projects - Expert Opinion - Construction of Highways - National Highways Authority of India (NHAI) - Feasibility Reports - Public Interest - Safety Concerns - Legal Right to Access   Judicial Review - Interference with Expert Opinion – Civil writ petition under Articles 226 and 227 challenging NHAI's decision not to construct an additional vehi...

Arms Act – Rejection of Arms License Application – Non-Speaking Order – Writ petition challenging the rejection of an arms license application and the dismissal of the appeal. The rejection was based on the petitioner’s involvement in FIRs, but the order was a pre-printed proforma with mere blanks filled and lacked reasons. Held: Section 17(5) of the Arms Act, 1959, mandate...

Constitutional Law - Appointment of Lambardar – Civil Writ Petition – Quashing of Order – Petitioner sought quashing of Financial Commissioner's order which set aside the Divisional Commissioner's decision and restored the Collector's order appointing Respondent No.4 as Lambardar. Held: The choice of the Collector cannot be lightly interfered with unless there is some...

Civil Procedure – Remand by First Appellate Court – Challenge in High Court against the remand order of the First Appellate Court that sent the original suit (OS No.227 of 1995) back for fresh disposal in the light of additional evidence – High Court scrutinized whether the First Appellate Court’s decision adhered to the procedural requirements under Order 41, Rule 28 of CP...

Negotiable Instruments Act – Presumption under Section 139 – Acquittal – Special Leave to Appeal – The application sought special leave to appeal against the acquittal judgment, arguing that the presumption under Section 139 should apply once the signature on the cheque is admitted. Held: The complainant failed to prove the contentions in the complaint. Without proving the ...

Administrative Law - Recruitment - Examination Fraud - Natural Justice - Judicial Review- Violation of Principles of Natural Justice - No Vested Right – Civil writ petition under Article 226 challenging the decision to scrap the merit list and re-conduct the Naib Tehsildar examination – Held: The petitioners do not acquire any vested right merely because they were shortlisted. No appoi...

Service Law - Appointment of Lambardar - Age and Educational Qualifications - Authority of Collector - Judicial Review -Appointment of Lambardar - Criteria and Collector’s Authority – Civil writ petition challenging the appointment of Sarabjit Singh as Lambardar – Held: The choice of the Collector regarding the appointment of a Lambardar is to be set aside only in case of pervers...