Order Denying Permission for Peaceful Protest Rally Set Aside: Calcutta High Court Prolonged Custody Alone Cannot Justify Bail In Cases Involving Heinous Crimes: Delhi High Court Body Shaming and Sexually Colored Remarks Are Unacceptable In A Civilized Society: Kerala High Court No Mandatory Injunction Where Failure to Prove Ownership and Possession: Punjab and Haryana High Court Supreme Court Dismisses Article 32 Petition Seeking Declaration of Bombay High Court Judgment as Illegal Specific Relief Act | Power to Extend Time Under Section 28 Is Discretionary and Must Be Exercised Prudently: Supreme Court Failure To Comply With Statutory Mandate Under Order 39 Rule 3 CPC Renders Ex Parte Injunction Unsustainable: Karnataka High Court Bombay High Court Dismisses PIL Challenging Withdrawal of Cabinet's Recommendations for Legislative Council Nominations Supreme Court Reduces Murder Conviction to Culpable Homicide in Absence of Premeditation and Motive Desertion Means More Than Physical Separation, Includes Willful Neglect: Delhi High Court Director’s Liability Under Section 138 NI Act Ends with Resignation: Supreme Court Quashes Complaint Against Former Director in Cheque Dishonor Case No Proof, No Ownership: Punjab & Haryana HC Dismisses Baseless Inheritance Suit Judicial Orders of Civil Courts Not Amenable to Article 226 Writ Jurisdiction: Patna High Court Chastity of a Woman Is a Priceless Possession; Unfounded Allegations Justify Wife’s Right to Live Separately: Orissa High Court Temporary Injunction Denied Based on Unstamped and Unregistered Agreement: Madhya Pradesh High Court Temple Surplus Funds Cannot Be Used for Shopping Complex Construction: Madras High Court Bail | Evidence Is Primarily Documentary And Already Recovered, Custodial Interrogation Of The Accused Is Not Necessary: Kerala High Court Delhi High Court Directs Respondents to Secure ₹157.75 Crores in Gas Supply Dispute Under Section 9 of Arbitration Act Arrest of Woman Post-Sunset Without Prior Judicial Permission Illegal: Bombay High Court

"CIVIL" Digest

Civil Procedure – DNA Test for Establishing Paternity in Partition Suit – Kerala High Court Decision on Strong Prima Facie Case Requirement.   DNA Test – Suit for partition involving claim of paternity – Plaintiff seeks sibling DNA test to establish her father was the deceased, Sri Kuttikrishnan Nair – Trial court allows application for DNA test – Def...

Civil Procedure – Power to Amend and Strike Out Issues – Petition challenging the trial court’s order deleting certain issues in a civil suit and denying further cross-examination – High Court examined the validity of the trial court's suo moto deletion of issues and refusal to recall a witness for cross-examination on additional documents – Court reinstated two i...

Civil Appeal – Termination of service – Grant of back wages – Appellant-State challenges the judgment allowing the respondent's appeal against the termination of his services – Respondent's services were terminated without following proper procedure – Trial Court set aside the termination but declined to grant back wages – First Appellate Court granted b...

Jurisdiction - Coram Non-Judice - Caste Certificate Cancellation:  Proceedings before the Assistant Commissioner were deemed coram non-judice as he lacked the authority to review an order that was essentially an implementation of a superior officer’s directive. The Tahsildar's cancellation of the caste certificate was based on the Committee's decision, and the Assistant Comm...

Property Dispute Among Brothers – Challenge to the rejection of plaint – Petitioner Arun Fotedar challenges the order of the Civil Judge, which dismissed his application under Order VII Rule 11 CPC for rejection of the plaint filed by respondent Dr. Jitender Fotedar concerning the ownership and funding of the construction of family-owned properties – Trial court order upheld by H...

Constitutional Law – Article 166 Compliance – Executive action taken without Governor’s name – Petitioners’ accrued right to pension and gratuity annulled by impugned resolution – Court examines validity of resolution not expressed in Governor’s name – Upholds principle that policy decisions affecting rights must be issued in the name of Governor &nd...

Property Law – Adverse Possession and Mortgage – Challenge against First Appellate Court’s decision that allowed the appeal of defendant-respondent No.1, reversing the favorable decree to the plaintiff-appellants from the Trial Court regarding ownership by adverse possession and mortgage rights – Supreme Court precedents and Full Bench decisions cited, confirming the mortga...

Labour Law - Industrial Dispute - Reference under Section 10(1)(c) and 10(2A) of Industrial Disputes Act, 1947 - Pending Miscellaneous Cases - Labour Court Adjudication – High Court upheld the reference made by the State Government to the Labour Court regarding the dismissal of the respondent-workman despite the pendency of Miscellaneous Cases under Section 33(2)(b) and Section 33-A before t...

Revision under Article 227 – Challenging the Trial Court’s decision to dismiss the application for appointing a Local Commissioner to ascertain physical status of land – Trial court held that plaintiff-petitioner must prove his case without court’s assistance in gathering evidence – High Court upheld the trial court’s decision, stating it does not affect the rig...

Excise Law – Confiscation Order – Seizure of Black Jaggery and Alum – Writ Petition – The petitioner, operating a proprietary business under the name "New Lucky Kirana and General Stores" with valid trade and tax licenses, challenged the confiscation order and seizure of black jaggery and alum by the Excise authorities. The petitioner contended that mere possessio...