Dowry Case | In the absence of specific allegations, mere naming of distant relatives cannot justify prosecution: MP High Court Non-Commencement of Activities Alone Not a Ground for Refusal: Calcutta High Court at Calcutta Affirms Trust Registration, Stating Granting Shifting Permissions is a Quasi-Judicial Act: Delhi High Court Quashes Disciplinary Charges Against MCA Official Jurisdiction Does Not Preclude Transfer to Competent Family Courts: Rules Kerala High Court Madras High Court Acquits Two, Reduces Sentence of Main Accused: Single Injury Does Not Prove Intent to Murder Financial Creditors Retain Right to Pursue Personal Guarantors Post-Resolution Plan: Punjab & Haryana High Court Proper Notice and Enquiry are the Bedrock of Just Administrative Actions: Rajasthan High Court Calcutta High Court Sets Aside Discharge Order in Madan Tamang Murder Case, Orders Trial for Bimal Gurung Review Cannot be Treated Like an Appeal in Disguise: Madhya Pradesh High Court Dismisses Tax Review Petition Delhi High Court Orders Interest Payment on Delayed Tax Refunds: ‘Refund Delays Cannot Be Justified by Legal Issues’” Freedom of Press Does Not Exempt Legal Consequences: Kerala High Court Quashes Proceedings Against Journalists in Jail Sting Operation Highest Bidder Has No Vested Right”: Rajasthan High Court Upholds Rejection of SEZ Plot Allotment Indefeasible Right to Bail Arises When Investigation Exceeds Statutory Period: Punjab & Haryana HC Sets Aside Extension Orders in NDPS Case Higher Qualifications Can't Override Prescribed Standards, But Service Deserves Pension: Punjab & Haryana High Court A Mere Breach of Promise Does Not Constitute Criminal Breach of Trust Under Section 406 IPC: Rajasthan High Court Madras High Court Overturns Order Denying IDA Increments, Citing Unfair Settlement Exclusion No Premeditated Intention to Kill: Kerala High Court Reduces Murder Convictions in Football Clash Case Landlord Need Not Be Owner to Seek Eviction: Court Upholds Broad Definition of Landlord under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 Delhi High Court Sets Aside Status Quo on Property, Initiates Contempt Proceedings for False Pleadings and Suppression of Facts

"CIVIL" Digest

Civil Appeal – Symbol Allocation for Elections – Appeal against the High Court's decision upholding the Single Judge's interim order directing the allocation of the 'Plough' symbol to the Jammu and Kashmir National Conference (R1) for the Ladakh Autonomous Hill Development Council (LAHDC) elections. [Para 3-5] Legal Framework – Applicability of 1968 Order &ndas...

Arbitration and Conciliation Act, 1996 – Section 31(7) – Interest on Delayed Payment – The appellant was awarded a contract for upgrading a State Highway and sought interest on delayed payments as per the agreement. The agreement contained provisions for interest but did not specify the rate for local currency payments. The Tribunal awarded interest, but the Arbitration Court and...

Code of Civil Procedure, 1908 – Execution of Decrees – Abuse of Process – The appeals highlighted the constant abuse of procedural provisions by unsuccessful litigants, which obstructs the execution of decrees and justice. The Supreme Court emphasized that execution proceedings must not be allowed to become tools to delay justice. The Court provided detailed guidelines to streaml...

Claim petition - Legal representatives of victim's claim - Right to pursue claim after death of victim - Similarity drawn to present suit seeking compensation for murder - Liability of defendants to pay compensation extends to other close relatives who have suffered pecuniary loss - Dismissal of suit based on death of plaintiff held unjust - Suit allowed to proceed with legal representative of...

Family Law - Custody of minor child - Welfare of the child as paramount consideration - Allegations of abandonment and surrender of custody by the biological mother - Interaction with the minor child and his expressed desire to stay with the present caregivers - Confirmation of interim custody to the present caregivers. [Para 1-8] Prima facie evidence of the purported abandonment of the minor c...

Constitution of India, 1950 – Article 224A – Appointment of Ad Hoc Judges – The Supreme Court highlighted the crisis in High Courts due to almost 40% vacancies, with larger High Courts working under 50% of their sanctioned strength. The Court stressed the need for timely recommendations and appointments to address this issue and proposed a timeline for the appointment process, en...

Goods and Services Tax – Provisional Attachment – Delegation of Power – The Joint Commissioner, while ordering a provisional attachment under Section 83, acted as a delegate of the Commissioner under Section 5(3) of the HPGST Act. The appeal against the order of provisional attachment was not available under Section 107(1) of the Act. The power to order provisional attachment is ...

Termination of dealership agreement - Quashing of termination letter - Challenge to guidelines - Prayer not pressed - Petitioners appointed as dealer for sale of LPG in Hoshiarpur - Complaint received against petitioner No.2 for concealing and suppressing facts - Allegation of not being eligible for grant of LPG distributorship - Show cause notice issued - Reply filed - Dealership terminated - Pet...

Constitution of India, 1950 – Article 224A – Appointment of Ad Hoc Judges – The Supreme Court recognized the need to activate the dormant provision of Article 224A for appointing ad hoc judges in High Courts due to the unprecedented backlog of cases and high vacancy rates. The Court issued guidelines for the activation and appointment of ad hoc judges to address these issues. [Pa...

Income Tax – Section 80-IA(5) – Deduction – The scope of sub-section (5) of Section 80-IA is limited to the determination of the quantum of deduction under sub-section (1) by treating the eligible business as the only source of income. Sub-section (5) cannot be interpreted to limit the deduction to business income alone. The deduction is computed on the basis of net income from t...