Or. 6 Rule 17 CPC | A Suit Cannot be Converted into a Fresh Litigation – Amendment Cannot Introduce a New Cause of Action: Andhra Pradesh High Court Government Cannot Withhold Retirement Without Formal Rejection Before Notice Period Expires: Delhi High Court Drug Offences Threaten Society, Courts Must Show Zero Tolerance : Meghalaya High Court Refuses Bail Under Section 37 NDPS Act Bail Cannot Be Denied Merely Due to Serious Allegations, Unless Justified by Law: Kerala High Court When Law Prescribes a Limitation, Courts Cannot Ignore It: Supreme Court Quashes Time-Barred Prosecution Under Drugs and Cosmetics Act Issuing Notices to a Non-Existent Entity is a Substantive Illegality, Not a Mere Procedural Lapse: Bombay High Court Quashes Income Tax Reassessment Notices Termination Without Verifying Evidence is Legally Unsustainable: Allahabad High Court Reinstates Government Counsel Luxury for One Cannot Mean Struggle for the Other - Husband’s True Income Cannot Be Suppressed to Deny Fair Maintenance: Calcutta High Court Penalty Proceedings Must Be Initiated and Concluded Within The Prescribed Timeline Under Section 275(1)(C): Karnataka High Court Upholds ITAT Order" Landlord Entitled to Recovery of Possession, Arrears of Rent, and Damages for Unauthorized Occupation: Madras High Court

"CIVIL" Digest

Securities Law – Scope of Appeal – SEBI Act, 1992 – Section 15Z – Supreme Court's jurisdiction confined to questions of law arising from decisions of the Tribunal – Court will exercise jurisdiction only on erroneous construction of statutory provisions or general legal principles – Not every interpretation qualifies as a question of law – Tribunal&rsqu...

Service Law – Regularization – Lecturer Post – Appellant appointed as Guest Lecturer in 'Karm Kand' – Teaching for nearly 16 years – High Court dismissed writ petition challenging Chancellor’s order rejecting appointment – Supreme Court finds no specific qualifications prescribed for the post of Lecturer in 'Karm Kand' – Appellant hol...

MSME Act – Jurisdiction – Applicability – Agreement dated 24.08.2020 between appellant and respondent – Appellant registered as MSME on 28.08.2020 – Dispute arose post-registration – Agreement governed by laws prevailing at the time of execution – MSME Act not applicable as appellant was not MSME at the time of contract – Council lacks jurisdiction u...

Service Law – Temporary Employment – Absorption and Regularisation – Respondents appointed on a fixed term for a specific project ("Post-Earthquake Redevelopment Programme") – High Court directed State to consider their regularisation after 17 years of service – Supreme Court finds respondents were appointed in a temporary unit and not on sanctioned posts in...

Arbitration – Jurisdiction – Section 11(6) – Application for appointment of arbitrator cannot be made in any High Court irrespective of its territorial jurisdiction – Section 11(6) must be harmoniously read with Section 2(1)(e) – High Court must have supervisory jurisdiction over a court which would have jurisdiction under Section 2(1)(e) – [Paras 27-28]. &nb...

Land Acquisition – Reservation Lapse – Statutory Timelines – Land reserved in Development Plan for playground in 2002 – No acquisition within ten years – Landowner issued purchase notice under Section 127 in 2016 – High Court declared reservation lapsed but granted one additional year for acquisition – Supreme Court holds additional period not contemplated...

Specific Relief – Agreement to Sell – Loan/Security Document: The appellants challenged the judgment of the High Court affirming the first appellate court's decree for specific performance of an agreement to sell dated 11.02.2004, contending that the agreement was actually a loan/security document. Supreme Court observes that merely because the agreement mentioned that the sale pro...

Service Law – Disciplinary Proceedings – Doctrine of Equality: The respondent, a Junior Engineer, faced disciplinary action for financial irregularities. The Enquiry Officer and the Disciplinary Authority found the charges proved. The Tribunal and High Court quashed the punishment by applying the Doctrine of Equality, noting that other officers involved were exonerated. Supreme Court h...

Service Law – Suspension and Pay Allowances: Respondents were under suspension during disciplinary proceedings which did not result in their complete exoneration. Consequently, they fall outside the scope of Rule 54(2) of the Rajasthan Civil Services Rules, 1958. Supreme Court determines that exact pay and allowances should be less than full pay, but remitting the matter back would be inequi...

Civil Procedure – Rejection of Plaint: The plaintiff initially approached the Revenue Authority/Tehsildar, who rejected the application under Section 250 of MPLRC for lack of jurisdiction over title disputes. Upon filing a civil suit, the defendants took a contrary stance, leading to the rejection of the plaint by the High Court under Order 7 Rule 11 CPC, citing Section 257 MPLRC. Supreme Co...