Non-Compliance with Section 82 Cr.P.C. Renders Proclamation Proceedings Null and Void: P&H High Court Delhi High Court Declines Mandamus to Speaker for Special Assembly Session to Table CAG Reports Doctors Cannot Be Expected to Investigate Victim's Age in the Absence of Prima Facie Doubt: Kerala High Court Quashes Criminal Proceedings Bombay HC Grants Bail to Drunk Driving Accused; Orders Public Awareness Campaign as a Condition Burden of Proof in Declaratory Suits Lies Squarely on the Plaintiffs: Andhra Pradesh High Court Dismisses Second Appeal in Church Property Dispute Rajasthan High Court Puts Mass Transfer Orders of Panchayat Officials on Hold Physical Disabilities Cannot Be Ignored Based on Employment Continuity: Kerala High Court Awards ₹9.62 Lakh to Teacher Suffering Permanent Disability Local Commissioner Appointment is Not a Right, But a Discretionary Power of the Court: P&H HC Allegations of Fraud Insufficient to Bar Arbitration in Trademark Dispute: Madras High Court Section 138 N.I. Act | Failure to Prove Legally Enforceable Debt Leads to Acquittal in Cheque Dishonour Case: Karnataka High Court Deputationists Have No Vested Right to Continue in Borrowing Department: Andhra Pradesh High Court Kerala High Court: Male Children Can't Claim Maintenance Post-Majority Under PWDV Act A Right Once Accrued Cannot Be Retrospectively Barred by Amended Limitation Provisions: Supreme Court Assessment order under Section 153A of the Income Tax Act declared void due to lack of proper authorization and adherence to Section 153C procedures: P&H High Court Criminal Law Cannot Be Used to Convert Civil Disputes Into Criminal Allegations Without Prima Facie Evidence: Supreme Court Quashes Criminal Proceedings in Employer-Employee Dispute Marriage Lasted 3 Days, But Dowry Harassment Proved Beyond Doubt—Conviction Upheld Under Section 498A IPC: Supreme Court Election Petition Dismissed: Petitioner Fails to Establish Locus Standi and Cause of Action: Punjab & Haryana High Court

"CIVIL" Digest

Recruitment Notification Validity - Karnataka Public Service Commission (KPSC) notification for lecturer posts in Home Science without specifying subject specializations held valid - Tribunal and High Court erred in quashing the notification - Supreme Court found no mandate in recruitment rules for subject-wise specification - Set aside judgments, upheld recruitment process. [Paras 2-3, 8, 12, 17-...

Arbitration – Jurisdictional Seat – The appointment of a new arbitrator who conducts arbitration proceedings at a different location does not change the jurisdictional 'seat' already fixed by the first arbitrator – The place of arbitration in such an event should be treated as a venue where arbitration proceedings are held – Jurisdictional 'seat' remains sta...

Constitutional Law - Article 21 - Right to life - Obligation of State to provide convenient access, including ambulance roads, for medical emergencies - Duty of Gram Panchayat to provide road access for emergency medical aid to villagers - Construction of road for an unauthorized occupant - Mandamus sought to quash the direction for road construction - Gram Panchayat resisting the construction - R...

Transfer of Civil Suit – Jurisdiction –  Court considered the appropriate jurisdiction for a civil suit involving specific performance of a Memorandum of Understanding related to immovable property. The suit was filed by respondent no.1 in Sehore, Madhya Pradesh, with a counter-suit by petitioner in Calcutta, West Bengal. The Court evaluated the principles under Sections 16 and 20...

Fraud and Collusion – The appellant is the victim of fraud played by the original plaintiff and defendant (wife and husband) – The original plaintiff obtained a collusive decree in her favor against the original defendant (her husband) without contest, claiming the property based on an unsubstantiated family settlement – The appellant purchased the property based on a sale deed e...

Constitutional Law – Electoral Process – Appointment of Election Commissioners – The Supreme Court considered the constitutional validity of the process of appointment of Election Commissioners under Section 7(1) of the Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service, and Term of Office) Act, 2023, as challenged in multiple writ pe...

Restoration of Forfeited Property – Rule 119(2) – The Government amended Rule 119(2) to allow restoration of forfeited property if applications were made within one year from the date of the amendment – The appellant applied for restoration within the prescribed period – The High Court quashed the Forest Department’s transfer of the property and restored it to the res...

Contempt Jurisdiction – Appointment Process – The SCSC recommended 41 persons for appointment as ITAT members (28 in the main list and 13 in the waitlist) – The Appointments Committee of the Cabinet (ACC) selected 22 persons, leaving 19 unappointed – The Court found the Government's selective appointment process lacked transparency, especially in handling subsequent fee...

Medical Negligence and Consumer Protection – Civil Appeal – Seeking Enhanced Compensation for Medical Negligence under Consumer Protection Act, 1986 – Appellant experienced severe post-operative complications and pain following appendectomy surgery, leading to discovery of a retained surgical needle – District Forum awarded Rs. 5,00,000; State Commission reduced compensatio...

Collusion in bidding process – Allegations of collusion between companies in bidding process – Need for evidence to establish collusion – Cross-holding of shares not sufficient to prove companies as group companies – Lack of evidence of wrongful gain or loss – Allegations found baseless – Appeals dismissed. (Para 2-5)   Blacklisting and forfeiture of ...