Calcutta High Court Acquits Accused Due to ‘Golden Thread’ Principle: Gaps in Medical Evidence and Unexplained Time Frame Prove Decisive Statutory Rules Supersede Old Practices: Kerala High Court Rejects Direct Appointments in Devaswom Board Arbitration Award Challenge Beyond Limitation Period Is Time-Barred: Supreme Court Supreme Court Holds Registration Under Section 8 of MSMED Act Not Mandatory for Referring Disputes to Facilitation Council Post-Qualification Experience Not Mandatory for Teaching Cadre Promotions Under Kerala Medical Education Service Rules: Supreme Court Non-Compliance of Restitution Decree Does Not Bar Maintenance Under Section 125 Cr.P.C.: Supreme Court NDPS | Compliance with Section 50 of NDPS Act is mandatory and non-negotiable: Punjab and Haryana High Court Rajasthan High Court: 'Criminal Action Cannot Be Used to Settle Civil Disputes,' Quashes FIR Against Simara Foods Pvt. Ltd." "Criminal Law Cannot Settle Civil Disputes" — Quashes FIR in Family Property Feud: Rajasthan High Court Higher Qualification Presupposes Lower Qualification’ in Tradesman Appointment Case: Kerala High Court Upheld B.Tech degree holder’s appointment as Tradesman Punjab and Haryana High Court Grants Custody of Minor Child to Biological Father, Sets Visitation Rights for Maternal Grandparents Employee Earning Above Salary Ceiling and Performing Supervisory Duties Not a ‘Workman’ Under Industrial Disputes Act: AP High Court Use of Modified Trademark 'MAHINDRA ZEO' Does Not Infringe Plaintiff’s 'EZIO': Delhi High Court

"CIVIL" Digest

Recovery of Debts Due to Banks and Financial Institutions Act, 1993 - Definition of Debt – Civil Revision – Whether the amount due to a party who made payment under a forged instrument constitutes a debt within the meaning of Section 2(g) of the Act – Held that such liability falls within the ambit of the term "debt" as defined in Section 2(g) – Liability arising ...

Civil Law - Adverse Possession – Regular Second Appeal challenging concurrent findings – Suit for possession based on title – Defendants’ plea of adverse possession dismissed – Held that ownership of laintiffs is undisputed – Defendants' claim of adverse possession initiated from their vendor's alleged adverse possession is invalid – Adverse posses...

Constitutional Law - Jurisdiction of Tribunal - Determination of Age - Judicial Review – The petitioner challenged the order of the College Tribunal which established the date of birth of Bachan Singh as 1943 instead of 1935 as recorded in the service records. The court held that the College Tribunal, established under the 1974 Act, did not have the jurisdiction to determine the date of birt...

Border Security Forces Act, 1969 - Section 117 - Section 48(f) - Judicial Review - Requirement of Reasoned Orders – The petitioner, a Head Constable in the BSF, challenged the sentence of forfeiting seven years of service for promotion and pension purposes and the rejection of his representation under Section 117 of the BSF Act. The court held that any administrative order must be supported ...

Constitutional Law - Forfeiture of Consideration - Discretion of Authorities - Judicial Review – The petitioner’s highest bid in an auction by GMADA was accepted, but he failed to pay the balance consideration. Upon seeking to surrender the plot and request a refund, the Estate Officer forfeited 10% of the total price of the site, as per Section 45(3) of the Punjab Regional and Town Pl...

Constitution of India, 1950 - Art. 226 - Natural Justice - Speaking Order - Judicial Review – The petitioner, a 1984 riot victim and Sikh migrant holding a Red Card, sought regularization of her house. The cancellation of her LOI without a speaking order and hearing was challenged. The court held that any order affecting rights must be reasoned and pass the test of natural justice. The...

Motor Vehicles Act, 1988 - Section 163-A - Structured Formula Basis - Enhancement of Compensation - Judicial Review – The appellants, family members of the deceased Surinder Kumar, sought enhancement of the compensation awarded by the MACT. The court held that once an award is made under Section 163-A, which provides for special provision for payment of compensation on a structured formula b...

Constitutional Law - Pension - Withholding of Pension - Departmental Inquiry - Judicial Review – The petitioner, a retired Excise and Taxation Officer, had his pension stopped following his conviction under the Prevention of Corruption Act. The court held that it is necessary to determine the misconduct by holding a departmental inquiry before stopping the pension of a retiree, as per the li...

Constitutional Law - Lok Adalat - Jurisdiction and Powers - Judicial Review – The petitioners challenged the order of the Permanent Lok Adalat, which had decided the issue of tampering with an electricity meter and unauthorized use of electricity in favor of the consumer. The court held that Lok Adalats are not constituted for adjudicatory or judicial functions. Their primary role is to expl...

Land Acquisition - Determination of Market Value - Non-compliance with Statutory Requirements - Judicial Review – The petitioner challenged the award passed by the Land Acquisition Collector, which reduced the value of the acquired land significantly. The court held that the award did not comply with the statutory requirements of the 2013 Act, particularly Section 26, which mandates the dete...