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 Limitation Under Section 166(3) of Motor Vehicles Act Applies Prospectively: Orissa High Court Benevolent Legislation Must Be Interpreted in Favor of Victims Mere Reproduction of Assessee’s Computation Does Not Imply Application of Mind: Bombay High Court Affirms CIT’s Power to Revise Erroneous Assessment Order Bail | When Trial Delay is Solely Attributable to the Prosecution, Liberty Must Prevail Over Statutory Embargo: Kerala High Court BPL Status Must Be Proven Before Advertisement Date: Madhya Pradesh High Court Upholds Cancellation of Aanganwadi Worker’s Appointment Over BPL Bonus Marks Dispute Revocation of Succession Certificate Not Permissible, But Heirs Must Receive Their Due Share: Calcutta High Court Income Tax | Reassessment Cannot Be Used as a Tool for Harassment: Delhi High Court Slams Revenue for Reopening Case Without Fresh Material An Ad-hoc Employee Cannot Be Arbitrarily Replaced Without Justification: Gujarat High Court Questions Discriminatory Action Against Forensic Science Professor Mere Past Possession is Insufficient – Plaintiff Must Establish Possession on the Date of Suit For Injunction: Andhra Pradesh High Court Allahabad High Court Affirms Civil Court Jurisdiction under the U.P. Zamindari Abolition and Land Reforms Act in Cancelling Sale Deed Based on Fraudulent Power of Attorney Right to Health Is a Fundamental Right Under Article 21: Karnataka High Court Cheque Bounce Conviction Can Be Set Aside If Dispute Is Settled Even at Revisional Stage: Madras High Court

"CIVIL" Digest

Municipal Law – Town Planning Scheme – Land Allocation and Compensation – Appeals against the Gujarat High Court decision in Civil Appeal Nos. 16956-16957 of 2017 – Gujarat High Court upheld the Ahmedabad Municipal Corporation's decision regarding compensation and land allocation under Town Planning Scheme No. 6, Paldi, initiated under the Gujarat Town Planning and Urba...

Administrative Law – Fairness in Administrative Actions: The Supreme Court emphasized that even if the High Court found the actions of the authorities to be irregular, illegal, or perverse, such findings alone do not imply deliberate action or bad faith on the part of the Assessing Authority. It is necessary to have concrete evidence to impute motives or bad faith​​ .   Servic...

Commercial Law – Consumer Protection – Jurisdiction and Maintainability of Consumer Complaint – Supreme Court examined whether the service obtained by the complainant (a chit fund subscriber) was for a commercial purpose, affecting the maintainability of a consumer complaint under the Consumer Protection Act, 1986. Dispute arose from the service provider stopping the chit busines...

Independence of Administrative Bodies – Autonomy and non-interference are essential for the effective functioning of administrative bodies. These bodies must be free from undue interference to carry out their specialized tasks impartially and efficiently [Para 1].   Right to Information Act – Authority to Frame Regulations – Central Information Commission (CIC) has the...

Contract Law – Neglect by Promisee: Section 67 of the Indian Contract Act, 1872, stipulates that if the promisee neglects or refuses to provide reasonable facilities for the promisor to perform the promise, the promisor is excused from non-performance. In this case, the High Court’s conclusion that the appellant abandoned the contract was erroneous. The evidence showed the respondents ...

Partition Suit – Burden of Proof – Matrimonial Relations – Appellant filed a suit for partition and separate possession, claiming to be the son of respondent from his marriage with Padminibai. Trial Court and First Appellate Court decreed the suit, but High Court reversed these decisions, finding inconsistencies in the evidence. Supreme Court upheld High Court’s judgment, e...

Land Acquisition – Lapse of Proceedings – Section 24 of the 2013 Act: Under Section 24(1)(a) of the 2013 Act, there is no lapse of proceedings if the award is not made as of the date of commencement of the 2013 Act (01-01-2014). Compensation must be determined under the provisions of the 2013 Act. Section 24(2) provides for deemed lapse if the authorities fail to take possession or pay...

Restitution – Principle and Application: Section 144 of the CPC embodies the principle of restitution, which mandates that no party should benefit from a wrong order of the court once it is set aside by a higher court. This principle ensures that parties are restored to their original position as if the erroneous order had never been passed. The High Court's judgment permitting the State...

Land Acquisition Compensation – Enhanced Compensation - analyzed the judgements of the Karnataka High Court relating to enhanced compensation for land acquired by the State for various irrigation projects. The Court reviewed the acquisition process and compensation awards made by the Special Land Acquisition Officer (SLAO), Reference Court, District Court, and the High Court for the acquired...

Implementation of MV Act for Compensation in Hit and Run Cases – Examination of Section 161 of the MV Act for compensation to victims of hit and run motor accidents – Central Government to ensure compensation as per the Act and the Scheme made under the Act. [Para 1, 2]   Compensation of Victims of Hit and Run Motor Accidents Scheme, 2022 – Replaced the Solatium Scheme...