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

Insolvency and Bankruptcy – Moratorium – Exclusion of Time – Section 60(6) of the IBC provides for the exclusion of the entire period during which the moratorium was in force in respect of a corporate debtor in regard to a proceeding as contemplated therein – Proceedings by the corporate debtor during the moratorium period are also covered under this exclusion – Inter...

Land Acquisition - Authority to Hear Objections - Civil Appeal against High Court's dismissal of writ petitions - High Court dismissed the petitions as infructuous after passing of final award - Appellants contended that objections under Section 15 of the Act of 2013 should have been heard by the Collector, not the SDO - Supreme Court held that the Collector cannot delegate the hearing of obje...

Foreign Trade – Insurance Claim – Interpretation of Shipment Date – Policy terms specified coverage beginning on 14.12.2012. Dispute arose over shipment date of 13.12.2012 vs. 15.12.2012, impacting claim validity. Supreme Court held that 'despatch' must mean the completion of handing over to the carrier (vessel departure date) not loading commencement date. Rejected relia...

Service Law - Applicability of Government Orders in Promotion to Assistant Engineers – Jurisdiction and Legal Analysis – Appeals challenging the judgment of the Madras High Court which allowed writ appeals filed by respondents, reversing the earlier decision to restrict appointments of Technical Assistants to Assistant Engineers based on service and qualifications – Held, Executi...

Consumer Protection - Insurance Claim - Contractor’s All Risk Insurance Policy - Appellant insurance company challenged NCDRC's order directing payment of Rs. 39,09,92,828/- to respondents for bridge collapse - NCDRC relied on independent expert reports and NHAI’s decision to continue contract despite collapse - Held, insurance contracts to be interpreted strictly; exclusion clause...

Land Allotment – Cancellation of patta initiated after 13 years – Supreme Court's intervention – Appellants challenged the order of the High Court upholding the cancellation of patta on the grounds of fraud and irregular allotment – Supreme Court examined whether the proceedings for cancellation could be initiated at any time in absence of a prescribed limitation period...

Partnership Law - Dissolution of Firm - Limitation - Applicability of Section 42(c) of the Indian Partnership Act, 1932 - Automatic dissolution on the death of a partner - Held: Partnership firm constituted by partners including a deceased partner automatically dissolved upon his death in 1984 - Suit for dissolution filed in 1996 held to be time-barred - Duty of court to dismiss a suit instituted ...

Civil Law – Dissolution of Partnership Firm – Appeal against High Court’s judgment which set aside the trial court’s decision dissolving a partnership firm and directing the rendition of accounts – Supreme Court upheld the dissolution of the firm and confirmed that the suit was not barred by limitation despite no plea of limitation being raised initially – It wa...

Constitutional Law – Writ Jurisdiction – Maintainability Against Privatized Entity – Appeals filed challenging the High Court of Bombay's decision to dismiss writ petitions against Air India Limited (AIL) due to its privatization – Supreme Court examined whether AIL, post-privatization, remains amenable to writ jurisdiction under Article 226 of the Constitution – ...

Civil Law – Review Petition under Section 114 read with Order XLVII Rule 1 CPC – Supreme Court reconsidered its own judgment setting aside the High Court’s decision in the context of Section 41 of the Punjab Courts Act, 1918 – Constitution Bench ruling in Pankajakshi (Dead) Through LRs & Ors. v. Chandrika & Ors. clarified the applicable legal standard for second app...