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

GST Registration Cancellation – Challenge against retrospective cancellation – Petitioner contests order dated 07.10.2022 for cancellation of GST registration from 02.07.2017 and the Show Cause Notice dated 23.09.2022 – Registration cancellation without proper justification or notice for retrospective effect deemed inappropriate. [Para 1, 5-7]   GST Compliance – ...

Constitutional Law – Transfer Policy – Protection of Family Life – State's responsibility to consider the preservation of family life as part of the dignity of the person and a postulate of privacy under Article 21 – Supreme Court emphasized that in formulating transfer policies, the State must not be oblivious to the importance of family life – Policies should ac...

Employees Compensation – Interest on Compensation – Deceased sugarcane laborer died from snake bite – Compensation awarded by Commissioner with interest from date of incident – High Court modified interest commencement to one month after Commissioner’s order – Supreme Court held liability to pay compensation arises from date of death, thus interest payable from ...

Matrimonial Law - Constitutional Law – Challenge to Section 5(v) of Hindu Marriage Act (HMA), 1955 – Petitioner's marriage declared null and void under Section 5(v) – Allegation of Section 5(v) being violative of Article 14 of the Constitution – Court finds no merit in challenge – Petitioner's inability to prove the existence of custom allowing marriage within...

Civil Procedure – Rejection of Plaint – High Court erred in rejecting the plaint under Order VII Rule 11 CPC on grounds of limitation and maintainability – Entire plaint must be considered, not isolated averments – Plaint cannot be partially rejected; reliefs are interconnected – Cause of action for permanent injunction can arise when possession is sought to be distur...

Service Law – Seniority – Compassionate Appointments – High Court correctly assigned seniority to compassionate appointees vis-à-vis direct recruits – Seniority list of Assistant Engineers published as on 1st January 2004 in conformity with Rule 35(aa) of the Tamil Nadu State and Subordinate Services Rules, 1955 – Compassionate appointees regularized from the d...

Land Acquisition – Compensation and Deduction – Notification under Section 4 of the Land Acquisition Act, 1894 issued on 19.03.1999 for acquiring land for Defence Security Forces – Land Acquisition Officer assessed market value at Rs. 687,837/- per acre, Reference Court enhanced it to Rs. 965,000/- per acre – High Court further increased it to Rs. 1,130,000/- per acre after...

Family Law – Divorce and Maintenance – Parties married in 1998 and separated since 2002/2004 with a daughter born in 2001 – Appellant filed for restitution of conjugal rights under Section 9 of the Hindu Marriage Act, 1955, which was dismissed – Respondent accused appellant of dowry demands and harassment – High Court reversed trial court’s dismissal of divorce ...

Contempt Law – Jurisdiction and Executability – Supreme Court emphasizes that contempt jurisdiction can be invoked irrespective of whether the order or decree is executable – Contempt is a matter between the Court and the contemnor, and the executability of the order pertains to the parties inter-se – Non-compliance of court orders having serious implications [Paras 13.1-13...

Condonation of Delay – Dismissal of Restoration Application – Application for restoration of RSA 61/1975 dismissed due to delay of 25 years and 2 months – Counsel for appellant unable to provide cogent reasons for the delay – Reliance on judgments for condonation of delay found inapplicable – Court emphasizes that delay cannot be condoned without sufficient reason, re...