Granting Bail Does Not Shield Foreign Nationals from Executive Action on Visa Violations: Delhi High Court Contempt Jurisdiction Cannot Be Misused to Resolve Substantive Disputes or Replace Execution Mechanisms: P&H High Court Eviction Proceedings Must Follow Principles of Natural Justice: Telangana High Court Quashes Eviction Order under Senior Citizens Act Limitation Law | Sufficient Cause Cannot Be Liberally Interpreted If Negligence or Inaction Is Apparent: Gujarat High Court Mere Pendency of Lease Renewal Requests Does Not Constitute Bona Fide Dispute: Calcutta High Court Upholds Eviction Proceedings Under Public Premises Act CGST | Declaratory Nature of Safari Retreats Ruling Mandates Reassessment of Input Tax Credit Claims: Kerala High Court Changing Rules of the Game Mid-Way Violates Articles 14 and 16 of the Constitution: Rajasthan High Court Disapproval of a Relationship Does Not Constitute Abetment of Suicide Without Direct Instigation or Mens Rea: Supreme Court Limitation Period Under Section 166(3) of the Motor Vehicle Act Cannot Defeat Victim’s Right to Compensation: Gujarat High Court Maintenance To Wife Cannot Be a Precondition for Bail: Supreme Court Clarifies Scope of Section 438 CrPC Court Cannot Rewrite Contract When Vendor Lacks Ownership of the Property: Calcutta High Court Dismisses Appeal for Specific Performance Royalty Can Be Levied on Minor Minerals Like Brick Earth, Irrespective of Land Ownership: Supreme Court Bail in Heinous Crimes Must Be Granted with Adequate Reasons and Judicial Scrutiny: Supreme Court Judicial Review in Disciplinary Cases Is Limited to Fairness, Not Reappreciation of Evidence: Supreme Court

"CIVIL" Digest

Education Law – In-service Reservation – Appeal against the High Court’s decision upholding the Government Resolution (GR) dated 26 September 2022, providing 20% reservation for in-service candidates in postgraduate medical degree courses – Supreme Court held that the GR was valid and applicable for the academic year 2022-23 – Appellants’ contention that the GR ...

Arbitration – Appointment of Arbitrator – Novation – The High Court dismissed the application under Section 11(6) of the Arbitration and Conciliation Act, 1996, filed by the appellant for the appointment of an arbitrator, on the grounds that the Share Purchase Agreement was novated by a subsequent Tripartite Agreement – Supreme Court held that issues of novation and the val...

Arbitration – Appointment of Arbitrator – Section 11(6) read with Section 11(12) of the Arbitration and Conciliation Act, 1996 – Petitions filed for appointing a sole arbitrator to resolve disputes arising from three agreements executed between the parties – Supreme Court held that the arbitration agreement is enforceable despite pending payment of stamp duty on the substan...

Electricity Law – Tariff Determination – Intra-State Transmission – The appeal involves the interpretation of Sections 62 and 63 of the Electricity Act, 2003, concerning the determination of tariffs for intra-state transmission systems – Supreme Court held that the Electricity Act, 2003, provides the States with flexibility to regulate intra-state transmission systems, with...

Land Acquisition – Compensation Enhancement – Appeal against High Court’s decision reducing compensation for land acquired for Jhajjar Thermal Power Plant – Supreme Court held that lands acquired for both Jhajjar Thermal Power Plant and Arawali Power Company Private Limited are similarly situated – Compensation should reflect parity and fairness – High Court err...

Service Law – Regularization – Contractual Basis – The High Court ordered regularization of the respondent who had served as a driver on a contractual basis for over ten years – Supreme Court held that mere continuation in service does not entitle an employee to regularization, especially when the initial appointment was contractual and without a selection process – T...

Motor Vehicles Act – Compensation Enhancement – Appeal against the High Court’s decision on compensation for the death of a housewife aged 25 years in a vehicular accident – Supreme Court held that the High Court erred in assessing the income of the deceased and in not considering future prospects – Income of the deceased should be considered at Rs. 7500 per month, wi...

Land Acquisition – Lapse of Proceedings – Compensation – The appellants challenged the High Court's decision declaring the acquisition proceedings lapsed under Section 24(2) of the 2013 Act due to non-payment of compensation – Supreme Court noted that the High Court relied on the Pune Municipal Corporation case, which was later overruled by the Constitution Bench in Ind...

Land Acquisition – Market Value and Development Charges – The appeals pertain to the acquisition of land for the rehabilitation of displaced persons from villages submerged due to the Sardar Sarovar Dam – The Reference Court and High Court assessed the market value based on exemplars of smaller plots and applied deductions for development charges – Supreme Court held that m...

Income Tax – Capital Gains – Revaluation of Assets – The respondent, a partnership firm, revalued its assets and credited the revalued amount to the partners' capital accounts – The Assessing Officer (AO) considered this a transfer of capital assets and made additions towards short-term capital gains under Section 45(4) of the Income Tax Act – Supreme Court held t...