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

Contract Law – Claim for Interest on Delayed Payment – Bonds issued by defendant SIDBI were transferred to plaintiff SIBCO during "suspect spell" – RBI directives and ongoing liquidation proceedings against CRB Capital influenced withholding of payment – Plaintiff accepted principal and accrued interest without protest, later demanded additional interest for delay...

Arbitration – Remittal to Arbitrator – Section 34(4) of Arbitration and Conciliation Act – Court's discretion to remit matter to arbitrator to fill gaps in reasoning or provide additional reasons – Not obligatory to remit in cases of patent illegality or absence of findings on contentious issues – High Court dismissed motion for remittal as arbitral award lacked f...

Income Tax – Deductible Expenses – Section 40(a)(iib) – Gallonage fee, licence fee, and shop rental (kist) paid by appellant with respect to FL-9 and FL-1 licences fall within purview of Section 40(a)(iib) – Surcharge on sales tax and turnover tax not considered as 'fee' or 'charge' under Section 40(a)(iib), disallowance of these amounts rightly set aside by...

Civil Procedure - Execution of Decree - Mandatory Procedure - Order XXI, Rule 34 CPC - Decree for specific performance - Draft sale deed not served to judgment debtor - Court's duty to serve draft, invite objections, and consider them before execution - Execution of sale deed without following procedure quashed [Paras 9-16].   Execution of Decree - Non-Compliance with Procedural Req...

Customs Act, 1962 - Section 129E - Pre-Deposit Requirement - Applicability - Appellant penalized for smuggling - Tribunal dismissed appeal for non-compliance with pre-deposit requirement under amended Section 129E - High Court upheld Tribunal's order - Appeal to Supreme Court on grounds that amended provision should not apply to acts committed before its substitution [Paras 1-3].   ...

Constitution of India - Article 226 - Writ Petition - Specific Performance of Contract - High Court issued a writ of mandamus virtually granting specific performance of a work order in a writ petition under Article 226 - Supreme Court held such a writ could not be issued when there were disputed questions of fact and no evidence that goods were manufactured as per specifications [Paras 8-8.1]. ...

Constitution of India - Article 226 - Writ Petition - Specific Performance of Contract - High Court dismissed writ petition seeking specific performance of a contract after significant delay - Supreme Court upheld High Court's decision, noting that writ petitions for specific performance are not maintainable especially after long delays [Paras 4-6].   Delay and Laches - Representati...

Insolvency and Bankruptcy Code, 2016 - Section 62 - Resolution Plans - Modifications - NCLT allowed modifications to resolution plans submitted by the appellant and other resolution applicant - NCLAT upheld NCLT's decision - Supreme Court declined to interfere, noting that modifications were to maintain level playing field and no prejudice was caused to appellant [Paras 2-18].   Res...

Motor Accident - Compensation - Enhancement of - Pain, suffering, and trauma post-accident cannot be fully compensated monetarily but awarding suitable compensation provides solace - Amount of compensation under pain, shock, suffering, loss of amenities, and happiness depends on each case's facts and circumstances - Claimant in coma and bedridden warrants higher compensation [Paras 7-8.1]. ...

Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 - Section 14(1A) - Appointment of Advocate - District Magistrate (DM) or Chief Metropolitan Magistrate (CMM) can appoint an advocate to take possession of secured assets and documents - Advocate considered an officer of the court and subordinate to CMM/DM for the purposes of Section 14(1A) - Advoca...