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

Allotment of Paddy – Dispute with MARKFED – Petitioner seeks to set aside an order declining allotment – Legal history of civil suits, appeals, and encashment of bank guarantee – Division Bench's declaration of bank guarantee encashment as illegal – Lack of a crystallized demand against the petitioner – Petitioner's history of paddy allotment from 1995-1...

Master Circular on Wilful Defaulters – Interpretation and Application – Forensic Audit Report – Validity and Reliance – Writ petitions challenging the decision of the Willful Defaulter Identification Committee and the Review Committee (RC) of the Central Bank of India declaring the petitioners as willful defaulters. The main evidence relied upon by the First Committee was a...

Award of Compensation – The trial court computed the amount of compensation based on the minimum wage rate due to lack of sufficient evidence for the claimed monthly income of the deceased – Amount awarded without interest, contrary to Section 4A of the Employee’s Compensation Act. [Para 4]   Appeal for Interest – The appellant appealed solely for the non-award o...

Civil Revision Petition – Land Dispute – Prima facie case for injunction – Discrepancy in revenue records for a couple of years – Plaintiffs' claim to land ownership and possession supported by recent records – Prima facie case in favor of plaintiffs – Interim injunction granted – Lower courts' reliance on irrelevant documents for denial of injunct...

Live-in Relationship - Protection of Life and Liberty - Article 21 of the Constitution of India - Entitlement to Protection: The petitioners, involved in a live-in relationship, seek protection of their life and liberty. The court acknowledges the right to life and liberty as enshrined in the Constitution, including the freedom to choose a partner, whether through marriage or a live-in relationshi...

Civil Procedure – Res Judicata – Permission to file a fresh suit in a decree – The trial court granted permission to file another suit in a decree, allowing for a fresh suit on the same cause of action. However, this practice is inconsistent with the principles of res judicata and the Code of Civil Procedure, as a decree should conclusively determine the rights of the parties. Th...

Criminal Appeal – Conviction under Sections 120B, 302, 397, and 201 read with Section 34 of IPC – Conviction based on circumstantial evidence – Reliance on "last seen together" theory – Evidence of the witnesses regarding the accused being last seen with the victim is unreliable – Lack of conclusive evidence linking the accused to the crime – Benefit o...

Income Tax Law – Appeal against ITAT order – Submission of Audit Report – High Court dismisses Revenue's appeal challenging ITAT's decision to allow assessee's exemption under Section 11 of Income Tax Act despite late filing of audit report in Form 10B – Tribunal's reliance on CBDT Circulars clarifying deadlines for returns accepted – No substantial qu...

Background – Suit for Declaration and Permanent Injunction – Family Settlement: The appellant, defendant in a suit filed for declaration and permanent injunction by the respondent-plaintiff, claimed joint ownership of family properties based on an unregistered family settlement dated 10.10.2011 [Paras 1-2].   Trial Court Decision – Partial Decree – Possession Pro...

Revision Petition – Evidence Closure  The petitioner-defendant No.1 seeks to overturn the Sub Divisional Judicial Magistrate's order dated 04.09.2023, which closed his evidence due to his failure to appear in court during the trial. [Para 1-2]   Opportunities Granted – Multiple Opportunities  The Court remarks that 10 effective opportunities were afford...