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 Prolonged Consensual Relationship Cannot Be Criminalized as Rape on False Promise of Marriage: Madras High Court No Interference in Judgments Without Perversity or Legal Error Under Section 100 CPC: Andhra Pradesh HC

"CIVIL" Digest

Civil Procedure Code – Order VIII Rule 1A(3) – Application for Additional Documents – The High Court deliberated on the petitioner's application to introduce additional documents at a later stage of the trial. The Court examined the relevance and timing of the documents in the context of procedural fairness and the pursuit of substantial justice. [Para 2, 16-20]   ...

Commercial Courts – Jurisdiction – Arbitration – High Court held the State Government's notification to confer jurisdiction on Civil Judge (Senior Division) as Commercial Courts is in line with the Commercial Courts Act, 2015 – Supreme Court upheld the High Court's decision – Sections 3 and 10 of the Commercial Courts Act, 2015, prevail over Section 2(1)(e) of...

Advocates Act – GPA Holder – Legal Representation – High Court held the appellant’s wife, as his GPA holder, cannot represent him despite being an advocate – Supreme Court held Section 32 of Advocates Act, 1961 permits non-advocates to appear with court’s permission – No bar for GPA holder if enrolled as an advocate – Previous High Court orders permi...

Motor Vehicles Act – Compensation – Just Compensation – Supreme Court held that the compensation determined under Section 168 of the Motor Vehicles Act must be fair, reasonable, and equitable – High Court's grant of compensation was inadequate – Enhanced compensation awarded [Paras 2, 8-12, 14-15].   Future Prospects – Income Assessment – Su...

Service Law – Promotion and Service Matters – The petitioner sought promotion to the post of Chief Law Officer/Inspector General in BSF. The High Court examined the criteria for promotion, recruitment rules, petitioner’s medical category, and procedural delays in framing recruitment rules. [Para 2-4, 30-32]   Promotion Eligibility – held – eligibility for p...

Taxation Law – Income Tax Act – Section 148 Reassessment – The High Court of Delhi adjudicated the validity of reassessment proceedings initiated against Seema Gupta under Section 148 of the Income Tax Act, 1961. The Court examined the discrepancies between the reasons provided to the petitioner and those recorded by the respondent, as well as the overall legality and justificati...

Motor Vehicles Act – Compensation for Accident – High Court's reduction of compensation from Rs. 2,064,000/- to Rs. 1,134,136/- challenged – Supreme Court found High Court erred by not considering future prospects and reducing the interest rate – Adjusted notional income with a 40% rise for future prospects and a 1/3rd deduction for personal expenses – Compensatio...

Motor Vehicles Act – Compensation for Accident – High Court reduced compensation from Rs. 3,239,000/- to Rs. 1,970,000/- – Supreme Court found the reduction of the deceased's notional income from Rs. 17,500/- to Rs. 10,000/- erroneous – Adequate compensation recalculated considering documentary evidence, future prospects, and correct notional income – Compensation...

Promissory Estoppel – Doctrine of estoppel will not be applied against the State in its governmental public or sovereign capacity – Exception where it is necessary to prevent fraud or manifest injustice – Section 174(2)(c) of the CGST Act rescinds earlier tax exemptions – Estoppel cannot operate against legislative functions – Union not bound by 2003 O.M. due to statu...

Land Acquisition Act – Determination of Compensation – High Court erred in reducing compensation from Rs. 1000/- per square yard to Rs. 166/- to Rs. 200/- per square yard – Original Reference Court's assessment of Rs. 1000/- per square yard restored – State's failure to appeal earlier Reference Court judgment noted – Assessment of compensation based on sale de...