Promotees Allowed to Challenge Provisional Seniority List in Dispute Between Direct Recruitment and Promotion: Kerala High Court Frivolous Defenses Cannot Justify Leave to Defend Under Order XXXVII CPC Delhi High Court Candidates Merely Enrolled in Final Year B.V.Sc. Program Ineligible for Veterinary Officer Recruitment: Rajasthan High Court Manufacturing or Sale of Garments Does Not Attract Copyright Protection; Procedural Violations Under Trade Marks Act Renders Prosecution Unsustainable: P&H High Court Ownership Alone Is Not Sufficient to Maintain Eviction Suit; Plaintiff Must Qualify as a Lessor Under Lease Agreement: Calcutta High Court Findings Based on Evidence Cannot Be Interfered With in a Second Appeal Without Substantial Question of Law: AP High Court Chain of Circumstances Broken: Inferences Cannot Replace Proof Beyond Reasonable Doubt: Kerala High Court Bail | Prolonged Incarceration Without Trial Violates Article 21 of the Constitution: Bombay High Court Encroachment on a Common Lane Gives Rise to Recurring Cause of Action: Madras High Court Holds Limitation Act Inapplicable to Pathway Disputes Reproductive Autonomy Includes the Right to Abort Without Spousal Consent: P&H High Court Access to Writ Jurisdiction Under Article 226 is Not an Absolute Bar Against MSEFC Awards: Supreme Court Refers Key Questions on Writ Jurisdiction to Larger Bench Civil Court Jurisdiction Not Ousted for Title and Mortgage Disputes Under SARFAESI Act: Supreme Court Principle of Bail is the Rule, Jail is the Exception: Supreme Court Panchayat Law | Mandatory Compliance With Section 34 And Rule 3 Is Non-Negotiable In Resignation Cases: Bombay High Court Quashes Resignation Of Upa-Sarpanch Recovery of Bullet Fired from Accused’s Weapon Crucial: PH High Court Reaffirms Conviction in Murder Case Injured Witness Evidence Carries Built-in Reliability Unless Contradicted Significantly: Kerala High Court Partly Allows Appeal in Murder Case Civil Dispute with Criminal Elements Cannot Be Quashed Under Section 482 Cr.P.C.: Karnataka High Court Issuance of Summons Under Section 91 CrPC During Preliminary Verification is Without Jurisdiction: High Court of J&K and Ladakh Article 21 Prevails Over NDPS Act’s Section 37 Restrictions in Cases of Prolonged Incarceration: Delhi High Court Once a Property is Waqf, It Remains Waqf Perpetually: Calcutta High Court Affirms No Secular Ownership Can Derive from Waqf Properties Surveillance Without Opportunity to Object Violates Articles 14, 19, and 21: Allahabad High Court Quashes Class-B History Sheets Mandatory Provisions of Order XXI CPC Were Violated, Rendering the Auction Sale Illegal: Punjab and Haryana High Court

"CIVIL" Digest

Rent Law - Eviction Order Challenged - Petitioner/tenant Mohd Irfan challenged the eviction order passed by the Rent Controller regarding shops No. 4 & 5 under Section 14(1)(e) of the Delhi Rent Control Act. The order was based on the landlord's (respondents) need for the premises for a boutique business. Petitioner argued the cessation of bona fide need due to respondent no. 2’s mar...

Civil Procedure – Transfer Petition – Matrimonial Matters – Appellant sought transfer of F.C.O.P. No. 125 of 2020 from Family Court Vellore to Family Court Chennai due to her inability to travel and her dependency on aged parents – Supreme Court emphasized the principle of convenience of the wife and ordered the transfer to avoid multiplicity and conflict of decisions &ndas...

Senior Citizens Act, 2007 – Eviction of children from property – Authority of the Tribunal – Summary procedure – Competing claims – Right to maintenance and protection – The Tribunal under the Senior Citizens Act, 2007 may have the authority to order eviction as an incident of the enforcement of the right to maintenance and protection, but this remedy can only b...

Constitutional Law – Article 279A – GST Council – Implementation of Document Identification Number (DIN) – Petitioner, a Chartered Accountant, sought directions for the implementation of a DIN system for all communications by State Tax Officers to ensure transparency and accountability – Supreme Court directed the GST Council to issue advisories to all States to imple...

Insolvency and Bankruptcy – Operational Debt – Pre-existing Dispute – Appellant filed application under Section 9 of IBC for initiation of CIRP against HBL – NCLT admitted the application – NCLAT set aside the admission, citing pre-existing disputes between parties – Supreme Court upheld NCLAT’s decision, emphasizing that CIRP cannot be used for debt colle...

High Court of Judicature for Rajasthan, Jaipur Bench - Writ Petition - Release of film 'Ajmer 92' - Prayers seeking a ban on the film's release and the formation of a committee to review the content - Alternative remedy of revision available under Section 6 of the Cinematograph Act, 1952 - No grounds for interference under Article 226 of the Constitution of India - Writ petition dismis...

Tenant's Right to Electricity Connection – Ambit and Limitations – The petitioners, as tenants, seek an electricity connection independent of the landlord's consent. They rely on Supreme Court and Allahabad High Court precedents asserting tenants' rights to basic amenities like electricity. [Paras 2, 7, 8]   Occupier’s Right to Electricity – clarified...

Cancellation of Candidature - OBC-NCL Certificate Deadline - Petitioner's Challenge: The petitioner's candidature for a postgraduate medical course was cancelled by AIIMS due to the late submission of the OBC-NCL certificate, despite meeting all other eligibility criteria. The petitioner challenged this cancellation as arbitrary and lacking rational nexus with the objective of reservation ...

Assam Rifles – Discharge from Service – Appellant discharged based on four Red Ink entries during service – Regulations 107(c) and 108 of Assam Rifles Regulation 2016 not applicable as discharge order issued in 2004 – Supreme Court held discharge order unjustified due to lack of application of mind and failure to consider severity and nature of misconduct – Directed r...

Constitution of India, Article 14, 16, 19, 21 - Overseas Citizen of India (OCI) - National Eligibility-cum-Entrance Test (NEET) - MBBS Course Admission - General Category - NRI Quota - Petitioner, an OCI card holder, seeks admission in MBBS Course under General Category - Petitioner denied the opportunity to register in General Category and confined to NRI Quota - Petitioner files writ petition ch...