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

Termination of Dealership - Procedural Compliance - Appeal against High Court order affirming the quashing of dealership termination for violation of procedural norms during sample collection - Appellants contended that the dealership was terminated due to violations of the dealership agreement clauses and that SGS India, the agency appointed for sample collection, was authorized under Marketing D...

Service Law – Dismissal – Submission of False Certificate – The respondent secured employment by submitting a forged SSLC, which was proved in a departmental inquiry. The High Court substituted the punishment of dismissal with reinstatement without back wages. The Supreme Court held that producing a fake certificate is a grave misconduct that justifies dismissal. Interference by ...

Corporate Law - Renewal of Mining Leases - Civil appeals against High Court orders regarding the renewal of mining leases originally granted to Bird and Company Limited, subsequently vested in Bharat Process & Mechanical Engineers Limited (BPMEL), now in liquidation - Central Government and State of Odisha opposed the renewal of leases - High Court at Calcutta directed the formation of a High-...

Consumer Protection – Manufacturer Defect – Punitive Damages – The appeal arises from a complaint regarding a defect in a Hyundai Creta vehicle, particularly its safety features. The respondent purchased the vehicle based on its advertised safety features, including airbags. During a collision, the airbags did not deploy, resulting in injuries to the respondent. Both the State an...

Electricity Act, 2003 – Imposition of Reliability Charges – Validity – Appeal against Tribunal’s order setting aside reliability charges imposed on bulk consumers by Maharashtra State Electricity Distribution Co. Ltd. – Tribunal held that continuous process industries like the 1st respondent, which were already paying higher tariffs, could not be subjected to addition...

Civil Law – Landlord-Tenant Dispute – West Bengal Tenancy Act vs. Transfer of Property Act – Applicability in framing issues – Supreme Court's consideration of interlocutory applications during pendency of Special Leave Petitions – Directions for deposit of occupational charges based on market rent rates during dispute period upheld. The Supreme Court addressed wh...

Civil Law – Refund of Stamp Duty – Appeal against High Court’s dismissal of demand for refund of stamp duty paid towards unexecuted conveyance deed – Appellant was defrauded by vendor who had already sold the property to a third party – Despite timely online application for refund, appellant's request was denied based on limitation period – Supreme Court exa...

Arbitration – Interim Measures – Scope of Section 37 – The appeals challenge the High Court's interim orders issued in the context of Section 37 of the Arbitration and Conciliation Act, 1996, which should focus on examining the Commercial Court's decision regarding interim relief under Section 9. The High Court's orders directed a status report on the FIR, summoned th...

Promotion Process - Principle of 'Merit-cum-Seniority' - Petitioners challenged the promotions made by the High Court of Gujarat under Rule 5(1) of the Gujarat State Judicial Service Rules, 2005 - Alleged misapplication of 'Merit-cum-Seniority' - High Court's promotion process involved a Suitability Test comprising Written Test, Evaluation of Annual Confidential Reports (ACRs),...

Service Law – Enhanced Age of Superannuation – The appellant, serving in a government-aided private institution, claimed entitlement to the enhanced retirement age of 65 years. The Supreme Court noted the earlier Full Bench decision in Dr. S.C. Jain was overruled in Dr. R.S. Sohane, confirming that teachers in such institutions are entitled to the enhanced retirement age. The appellant...