Supreme Court Strikes Down Expulsion of Bihar MLC as Disproportionate, Orders Immediate Reinstatement Private Banks Not Subject to Writ Jurisdiction Under Article 226: Punjab & Haryana High Court Mere Allegation of Forgery is Not Enough: Madhya Pradesh High Court Dismisses Second Appeal in Partition Dispute When a Case is Made Out for Bail, Courts Should Not Hesitate: Kerala High Court Allows Bail Despite Commercial Quantity of Drugs Seized Retailers Cannot Be Prosecuted for Manufacturer’s Fault" – Karnataka High Court Quashes Case Against Pesticide Dealers Mere Issuance of a Cheque Does Not Prove Legally Enforceable Debt": Delhi High Court Upholds Acquittal in Cheque Dishonor Case Courts Cannot Ignore Urgent Repairs When Public Safety is at Stake: Calcutta High Court Upholds Trial Court's Order Mutation Entries Do Not Confer Ownership: Bombay High Court Rejects Premature Dismissal of Partition Suit No Substantial Question of Law – High Court Cannot Re-Appreciate Evidence Under Section 100 CPC: Andhra Pradesh High Court Injunction Cannot Be Granted Without Proof of Possession: Allahabad High Court Quashes Relief in Land Dispute Section 197 CrPC | Sanction for Prosecution is a Shield, Not a Sword: Supreme Court Quashes Criminal Case Against BIS Officer Landlord is the Best Judge of His Needs: Supreme Court Orders Eviction in Favor of Landowner Vijaya Bank TT Scam | Supreme Court Acquits Jeweller in ₹6.7 Crore Vijaya Bank Fraud Case, Orders Return of 205 Gold Bars Procurement Preference for Small Enterprises is a Legal Mandate, Not a Mere Policy: Supreme Court Rules in Favor of MSMEs Revisional Jurisdiction Cannot Be Invoked Against Interlocutory Orders of Commercial Courts: Orissa High Court Declares Section 8 Bar Absolute Victim’s Testimony Must Be of Sterling Quality to Be Sole Basis of Conviction: Kerala High Court Reduces Sentence of Pastor Convicted for Repeated Rape of Minor Providing Set-Top Boxes to Subscribers Constitutes Sale”: Karnataka High Court Upholds VAT on Tata Play Limited Mere Registration of FIR Cannot Justify Denial of Passport Renewal: Jammu & Kashmir and Ladakh High Court

"WRIT LAW" Digest

Civil Writ - Passport Reissuance – Mere Registration of FIR Not a Ground for Denial – Held: The mere pendency of an FIR or ongoing investigation is not a ground for refusing the issuance or renewal of a passport – Under Section 6(2)(f) of the Passport Act, 1967, the bar applies only when proceedings are pending before a criminal court – Investigation alone does not qualify ...

Civil Writ - Medical Admission – Arbitrary Allotment of Seat – Violation of Merit-Based Selection – The petitioner, who was eligible under the NCC-Female Open Category, was denied admission to the MBBS course despite being higher in merit than the 4th respondent – The University failed to produce any record showing that the seat was properly vacated before allotment to the ...

Taxation Law - Admissibility of Additional Evidence – Rule 46A of the Income Tax Rules, 1962 – Tribunal's Action Justified – The appellant challenged the ITAT's refusal to admit additional evidence regarding a Will that was not presented during the assessment or CIT(A) stages – Held: Rule 46A conditions were not met, as no application for admitting new evidence was ...

Professional Misconduct - Advocate-on-Record – Duty of Care – Misrepresentation in SLP – An advocate-on-record filed an SLP concealing crucial facts about the appellant’s sentence, leading to wrongful interim relief – Held: An advocate-on-record is wholly responsible for verifying the correctness of petitions filed before the Supreme Court – Mere name lending wi...

Service Law – Reservation for BC Category – Requirement of Fresh BC Certificate – Validity of Certificates – Rejection of Candidature Arbitrary – Candidates applied for recruitment to the post of Constable (General Duty) under BC-A/BC-B category – Their candidature was rejected on the ground that caste certificates were issued before 01.04.2023 – Held: No ...

Attachment of Retirement Benefits – Jurisdiction under Section 78 of the KCS Act – The Kerala High Court addressed whether retiral benefits can be attached under Section 78 of the KCS Act. It held that while retirement benefits such as provident fund, gratuity, and pension are generally immune from attachment, the attached amounts in this case need careful examination to determine if t...

Environmental Law - Polluters Pay Principle – Continuing Liability – Section 24, 25 of the Water Act – Environmental Protection – Industrial Pollution – Government Responsibility – Compensation Directed – The court reiterated the absolute liability of polluting industries to compensate affected individuals until environmental damage is fully reversed &ndas...

Civil Writ - Maternity Leave – Third Pregnancy – Second Wedlock – Interpretation of Rule 101(a) of Fundamental Rules – Petitioner, a staff nurse in Government Rajaji Hospital, Madurai, was denied maternity leave for her third pregnancy on the ground that she already had two surviving children from her first marriage—Held: Petitioner had not availed maternity leave for...

Advocates Act – Disciplinary Proceedings – Formation of "Reason to Believe" is Mandatory – Proceedings Quashed – Under Section 35(1) of the Advocates Act, 1961, a State Bar Council must form a "reason to believe" that an advocate is guilty of professional misconduct before referring a complaint to its Disciplinary Committee – Mere receipt of a comp...

Land Acquisition – Urgency Clause – Justification for invocation – Compliance with conditions – The petitioners challenged the acquisition proceedings on the ground that urgency was invoked without justification and without fulfilling the requirement of paying 80% compensation before taking possession – Held: Invocation of urgency clause was justified as the project a...