Prolonged Pre-Trial Detention and Right to Liberty Cannot Be Ignored” - Punjab & Haryana High Court Emphasizes Bail as the Rule Taxation Law | Andhra Pradesh High Court Rules Hotel’s Expenditures on Carpets, Mattresses, and Lampshades are Deductible as Current Expenditures Orissa High Court Upholds Disengagement of Teacher for Unauthorized Absence and Suppression of Facts In Disciplined Forces, Transfers are an Administrative Necessity; Judicial Interference is Limited to Cases of Proven Mala Fide: Patna High Court Act Of Judge, When Free From Oblique Motive, Cannot Be Questioned: Madhya Pradesh High Court Quashes Disciplinary Proceedings Against Additional Collector Registration Act | False Statements in Conveyance Documents Qualify for Prosecution Under Registration Act: Kerala High Court When Junior is Promoted, Senior’s Case Cannot be Deferred Unjustly: Karnataka High Court in Sealed Cover Promotion Dispute Medical Training Standards Cannot Be Lowered, Even for Disability’ in MBBS Admission Case: Delhi HC Suspicion, However Strong It May Be, Cannot Take Place Of Proof Beyond Reasonable Doubt: Himachal Pradesh High Court Upholds Acquittal No Detention Order Can Rely on Grounds Already Quashed: High Court Sets Precedent on Preventive Detention Limits Tenant's Claims of Hardship and Landlord's Alternate Accommodations Insufficient to Prevent Eviction: Allahabad HC Further Custodial Detention May Not Be Necessary: Calcutta High Court Grants Bail in Murder Case Citing Lack of Specific Evidence High Court, As A Constitutional Court Of Record, Possesses The Inherent Power To Correct Its Own Record: Bombay High Court

"CIVIL" Digest

Land Acquisition – Re-notification Prohibited – Once an award is approved, compensation paid, and possession handed over to the Government, the acquisition proceedings cannot be reopened or re-notified. The Land Acquisition Act does not allow for reacquisition of land already vested in the Government [Paras 1-17]. Award Approval and Government Interest – The initial award appr...

Larsgess Scheme – Termination and Constitutional Compliance – The Larsgess Scheme, allowing certain wards of serving railway employees entry into service without competitive selection, was found inconsistent with Articles 14 and 16 of the Constitution. The Union of India justifiably terminated the scheme. Claims under the terminated scheme do not warrant relief, as they would result in...

Review Petition – Maintainability Post Miscellaneous Application – The rejection of a Miscellaneous Application seeking recall of a judgment does not preclude filing a review petition under Article 137 of the Constitution. The review petition remains maintainable as it is a statutory proceeding distinct from an application for recall [Paras 13-15]. Review Jurisdiction – Error ...

Voluntary Retirement – Eligibility and Notice Period – Regulation 29 of the Indian Bank Employees Pension Regulations, 1995, entitles an employee to voluntary retirement after 20 years of qualifying service by giving three months' notice. A request for waiver of the three-month notice period must be considered on merits. The High Court correctly found that the respondent’s re...

IBC and Limitation – Right to Sue and NPA – Applications under Sections 7 and 9 of the IBC are governed by Article 137 of the Limitation Act, and the right to sue accrues upon default. If the default occurred more than three years prior to filing the application, it is barred by limitation. Here, the account was declared NPA on April 1, 1993, making the application time-barred [Paras 1...

Service Law – Termination and Abandonment of Service – The employer must justify termination before the tribunal by leading evidence if no disciplinary enquiry is conducted. The entire matter, including whether the dismissal or discharge was justified, would be open before the tribunal. A defective enquiry is treated similarly to no enquiry, necessitating the employer to prove the fact...

Insolvency and Bankruptcy Code (IBC) – Retrospective Amendment – Constitutionality of the retrospective application of Section 7 as amended by the Insolvency and Bankruptcy Code (Second Amendment) Act, 2019 – Petitioners challenged the requirement for minimum thresholds for initiating insolvency proceedings, arguing it impairs vested rights – Supreme Court upheld the amendm...

Contempt of Court – Family Dispute – Alleged Wilful Disobedience of Court Orders – Petitioner contended respondents wilfully disobeyed undertakings given to the court in company management issues – Court examined interim orders and actions taken by respondents, including appointment of Facilitator by CLB – Held, mere taking of legal recourse does not constitute c...

Ceiling on Agricultural Holdings – Declaration of Title – Procedural Compliance – Preparation of the statement of land held in excess of ceiling limit under Section 11 of the Act based on information from the return filed under Section 9 or from an enquiry under Section 10 – Draft statement to be published and served on all interested parties – Mandate to notify ...

Scope and ambit of power and jurisdiction of the Supreme Court under Article 142(1) of the Constitution of India - Court's power to depart from the procedure and substantive laws based on considerations of fundamental general and specific public policy - Exercise of discretion to do complete justice in a "cause or matter" - Court as a problem solver balancing equities between conflic...