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 Supreme Court Slams Punjab and Haryana High Court for Illegally Reversing Acquittal in Murder Case, Orders ₹5 Lakh Compensation for Wrongful Conviction Mere Absence of Wholesale License Does Not Make a Transaction Unlawful:  Supreme Court Quashes Criminal Proceedings Against INOX Air Products Stigmatic Dismissal Without Inquiry Violates Fair Process, Rules High Court in Employment Case Recruiting Authorities Have Discretion to Fix Cut-Off Marks – No Arbitrariness Found: Orissa High Court Charge-Sheet Is Not a Punishment, Courts Should Not Interfere: Madhya Pradesh High Court Dismisses Writ Against Departmental Inquiry Injunction Cannot Be Granted Without Identifiable Property or Evidence of Prima Facie Case: Karnataka High Court Fairness Demands Compensation Under the 2013 Act; Bureaucratic Delays Cannot Defeat Justice: Supreme Court Competition Commission Must Issue Notice to Both Parties in a Combination Approval: Supreme Court Physical Possession and Settled Possession Are Prerequisites for Section 6 Relief: Delhi High Court Quashes Trial Court’s Decision Granting Possession Hyper-Technical Approach Must Be Avoided in Pre-Trial Amendments: Punjab & Haryana High Court FIR Lodged After Restitution of Conjugal Rights Suit Appears Retaliatory: Calcutta High Court Quashes Domestic Violence Case Two-Year Immunity from No-Confidence Motion Applies to Every Elected Sarpanch, Not Just the First in Office: Bombay High Court Enforcing The Terms Of  Agreement Does Not Amount To Contempt Of Court: Andhra Pradesh High Court Quashes Contempt Order Against Power Company Officers Consent of a minor is immaterial under law: Allahabad High Court Rejects Bail Plea of Man Accused of Enticing Minor Sister-in-Law and Dowry Harassment False Promise of Marriage Does Not Automatically Amount to Rape: Supreme Court Quashes FIR Under Section 376 IPC Dowry Harassment Cannot Be Ignored, But Justice Must Be Fair: Supreme Court Upholds Conviction Under Section 498A IPC, Modifies Sentence to Time Served with Compensation of ₹3 Lakh Mere Presence in a Crime Scene Insufficient to Prove Common Intention – Presence Not Automatically Establish Common Intention Under Section 34 IPC: Supreme Court: Compensation Must Ensure Financial Stability—Not Be Subject to Arbitrary Reductions: Supreme Court Slams Arbitrary Reduction of Motor Accident Compensation by High Court

"CIVIL" Digest

Constitutional Law – Declaration of Municipal Board – High Court set aside notification for Gram Panchayat Roopbas declaring it as a Municipal Board due to lack of a public notification under Article 243Q(2) of the Constitution – Supreme Court held the High Court misinterpreted the scheme of Part IXA and Article 243Q – The Constitutional Amendment does not diminish the legi...

University Employment Regularization – Challenge against High Court's dismissal of appeal concerning regularization of appellants' temporary academic positions after reorganization of university center - Appellants appointed through regular selection process as per UGC and university standards; court highlighted errors in High Court's application of precedents and statutory inter...

Civil Procedure – Restitution after decree modification – Civil Appeal against refusal of restitution despite modification of original decree – Original decree for money recovery executed and property auctioned – Appellate court modified the decree reducing the decretal amount – Appellant sought restitution under Section 144 CPC as the executed sale now overshoots the...

Reservation Law – Interchangeability of Vacancies – High Court dismissed writ petition challenging non-interchangeability of unfilled SC/ST vacancies to OBC – Petitioners argued based on Policy letter No. 17246 allowing such interchangeability – High Court dismissed the petition based on government's decision to re-advertise unfilled posts – Supreme Court upheld t...

Consumer Law -.Legal Profession – Applicability of Consumer Protection Act – Advocates not covered under Consumer Protection Acts of 1986 and 2019 due to the unique, duty-bound nature of the legal profession, integral to justice administration and governed under Advocates Act, 1961 – Legal services are distinct, involving duties to the court, clients, and broader justice system, ...

Succession Law – Revocation of Letters of Administration – Grant of Letters of Administration under a Will deed challenged for not citing all legal heirs – Section 263 states just cause for revocation includes defective proceedings and grants made without citing necessary parties – High Court revoked the grant on this basis – Supreme Court upheld the decision, finding...

SARFAESI - Writ Petition – Refund of Amount Paid in E-Auction – Petitioner sought refund for amount paid in e-auction under SARFAESI Act for property with undisclosed litigations and encumbrances – Relief granted for refund of sale consideration, stamp duty, house property tax, and interest. [Para 1, 33, 49, 50]   SARFAESI Act, 2002 – Sale/Auction of Secured Asse...

Service Law – ACP and MACP Benefits – DDA employees claimed ACP benefits upon completing 24 years of service before MACP introduction – High Court applied MACP from 01-01-2006 – Supreme Court ruled MACP effective from 01-09-2008 as per executive decision, not 01-01-2006 – Eligibility for ACP benefits before MACP introduction does not create vested rights [Paras 1-37]....

Interpretation of Three Vintage Legislations – The judgment focuses on the interpretation and harmonious construction of the Maharashtra Hereditary Offices Act, 1874, Maharashtra Tenancy and Agricultural Lands Act, 1948, and Maharashtra Revenue Patels (Abolition of Offices) Act, 1962 in relation to the rights over Watan lands [Paras 1, 14, 17, 20, 21].   Tenancy Rights under Watan...

Eviction Petition – Dismissal by Additional Rent Controller – Landlords' eviction petition under Section 14(1)(e) of the Delhi Rent Control Act dismissed after trial for failing to prove bona fide need and dependency of son Jaswant. Order contested by landlords in High Court. [Para 1, 4]   Property Ownership and Tenancy Relationship – Ownership of petitioner over t...