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 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

Historical and Cultural Significance of Chittorgarh Fort - Recognized under relevant Acts and as a UNESCO World Heritage Site - Importance of preserving the fort from damages due to urbanization and mining activities. [Paras 1-2]   Conflict between Mineral Exploitation and Monument Preservation - Dilemma over limestone mining near Chittorgarh Fort and its potential harm to the monument&...

Execution of Decree and Objection under Section 47 CPC - Trial Court's decree against Samiullah (Defendant No. 2) based on his failure to file a written statement was challenged for lacking inherent jurisdiction and thus inexecutable. The High Court, agreeing with the Executing Court, found the decree void, leading to the current appeal. [Paras 1-7, 12, 32-41, 51] Adjudication on Jurisdicti...

Right to Legal Representation – Fundamental Rights Violation: Challenge to the resolution of the Mysore Bar Association, dated 16th March 2019, prohibiting its members from filing vakalatnama on behalf of the petitioner – Considered a violation of the petitioner's fundamental right to legal representation and the lawyers' right to practice their profession – Supreme Court...

Election Petition – Validity and Compliance with Provisions – Appellant's appeal against the High Court of Kerala's decision to not reject the election petition at the threshold – High Court's decision upheld by the Supreme Court – Non-compliance with Section 81(3) of the Representation of the People Act, 1951, regarding the number of copies not considered fatal...

Insolvency and Bankruptcy Code, 2016 – Section 62 - Appeals against National Company Law Appellate Tribunal (NCLAT) order – NCLAT upheld National Company Law Tribunal's (NCLT) dismissal of appellant’s applications under Section 60(5) of the IBC – Supreme Court found that neither NCLT nor NCLAT adequately addressed the appellant's claim and status as a secured credit...

Civil Law – Land Allocation for School Construction – the legality of land allocation for constructing a school in a village in Azamgarh, previously demolished for a National Highway project. The Court examined the authority of the Land Management Committee and State in deciding land allocation. [Para 3-6, 11-12]   Public Interest Litigation – Misuse and Concealment of...

Mandatory Injunction – Maintainability: A suit for mandatory injunction to execute a sale deed based on participation in a public auction is not maintainable if there is no vested right with the plaintiff. Participation in an auction does not confer any equitable or legal right unless the auction is confirmed by the competent authority​​.   Restitution – Principle and Ap...

Compensation for Paraplegic Child – Enhancement: The Supreme Court enhanced the compensation awarded to the appellant, recognizing the significant and lifelong impact of the injuries. The Court noted the need for continuous medical care, assistive devices, and the lifelong dependency on an attendant [Paras 1-16]​​.   Future Earnings and Prospects: For calculating the loss of f...

Disciplinary Proceedings – Constitution of Inquiry Committee: The School Tribunal and High Court found the Inquiry Committee's constitution improper under Rule 36(2)(b) of the MEPS Rules, as the President of the Management was not part of the committee. However, the Supreme Court noted that the President was initially a member but was replaced due to ill health, invoking the doctrine of ...

Civil Procedure – Rejection of Plaint under Order 7 Rule 11(d) – Limitation Act, Section 17(1) – The appellant's suit was rejected as barred by limitation. The Supreme Court examined whether the plaintiff had knowledge of the fraud and exercised reasonable diligence. The Single Judge's decision to reject the plaint was upheld, but the differences in interpretation by the ...