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

Cooperative Societies and Right to Information – The Supreme Court upheld the High Court's decision that cooperative societies themselves are not ‘public authorities’ under the Right to Information Act, 2005, but their Assistant Registrars are considered public authorities - Consequently, societies under the Maharashtra Co-operative Societies Act are required to provide infor...

Trust Law – Disposal of Trust Property – Registrar's Authority – The Supreme Court held that the Registrar of Public Trusts cannot impose conditions beyond those stipulated in the trust deed or by law. The Registrar's authority to refuse sanction for the disposal of trust property is limited to situations where such disposal would be prejudicial to the interests of the tr...

Criminal Procedure – Examination of Witness – Prosecution Witness not examined – Examination as Defence Witness – Permissibility – The Supreme Court considered whether a witness listed by the prosecution but not examined can be permitted to testify as a defence witness. The Court held that if the prosecution chooses not to examine a witness, the defence may be allowed...

Landlord-Tenant Law – Statutory Tenancy – Jurisdiction of Civil Courts – The Supreme Court held that the jurisdiction of Civil Courts is barred in matters covered by the Haryana (Control of Rent & Eviction) Act 1973, which provides a complete code for determining the rights of tenants and landlords. The appropriate remedy for eviction in such cases lies with the Rent Controll...

Error in Date of Birth on Application – Minor Discrepancy – Appellant's candidature for Police Constable was rejected due to a mismatch in the date of birth in the application form (08.12.1997) and educational certificates (18.12.1997). The appellant contended the error was inadvertent, with no advantage gained, as he met the age criteria regardless. [Paras 2-4, 11, 18]   ...

Service Law – Pension – Application of Amended Pay Rules – The Supreme Court held that the amended pay rules, which came into effect after the retirement of the respondent, could not be applied retroactively to revise his pension. The principle of "equal pay for equal work" was found inapplicable in this case as the upgraded post and apex scale were created after the re...

Service Law - Reservation in Appointment - Advertisement for Assistant Professor post at Bangalore University reserved for STs included a stipulation for age-based preference under Karnataka Civil Services (Unfilled Vacancies Reserved For Persons Belonging to the SC’s and ST’s) (Special Recruitment) Rules, 2001, Rule 6 - High Court ruled that appointment not adhering to the advertised ...

Service Law – Dismissal – Misconduct – Compulsory Retirement – The Supreme Court held that while driving a vehicle under the influence of alcohol, especially while carrying personnel, is a severe misconduct warranting strict punishment, the specific circumstances, including the employee’s long service and minor nature of the accident, merited a reduction in the severi...

Constitutional Law – Article 32 – COVID-19 Vaccination – Pregnant Women and Lactating Mothers – The Supreme Court held that the concerns regarding the vaccination of pregnant women and lactating mothers fall within the policy domain and should be addressed by expert groups such as the National Technical Advisory Group on Immunization (NTAGI) and the National Expert Group on...

Service Law – Reservation – Mandamus – The Supreme Court held that no mandamus can be issued directing the State Government to provide for reservation or to collect quantifiable data to justify their action not to provide for reservation. The Court emphasized that Articles 15(4) and 16(4) of the Constitution are enabling provisions, and the State is not obligated to provide reser...