State Can’t Block SARFAESI Sale by Late Revenue Entries: Secured Creditor’s Charge Prevails Over Tax Dues: Punjab & Haryana High Court Slams Sub-Registrar’s Refusal Providing SIM Card Without Knowledge of Its Criminal Use Does Not Imply Criminal Conspiracy: P&H High Court Grants Bail in UAPA & Murder Case Importer Who Accepts Enhanced Valuation Cannot Later Contest Confiscation and Penalty for Undervaluation: Madras High Court Upholds Strict Liability under Customs Act Marriage Cannot Be Perpetuated on Paper When Cohabitation Has Ceased for Decades: Supreme Court Invokes Article 142 to Grant Divorce Despite Wife’s Opposition Ownership of Trucks Does Not Mean Windfall Compensation: Supreme Court Slashes Inflated Motor Accident Award in Absence of Documentary Proof Concealment of Mortgage Is Fraud, Not a Technical Omission: Supreme Court Restores Refund Decree, Slams High Court’s Remand State Reorganization Does Not Automatically Convert Cooperative Societies into Multi-State Entities: Supreme Court Rejects Blanket Interpretation of Section 103 Indian Courts Cannot Invalidate Foreign Arbitral Awards Passed Under Foreign Law: Madhya Pradesh High Court Enforces Texas-Based Award Despite Commercial Court’s Contrary Decree Sudden Quarrel over Mound of Earth — Not Murder but Culpable Homicide: Allahabad High Court Eligibility Flows from Birth, Not a Certificate Date: Delhi High Court Strikes Down Rule Fixing Arbitrary Cut-Off for OBC-NCL Certificates in CAPF (AC) Recruitment Bar Under Order II Rule 2 CPC Cannot Be Invoked Where Specific Performance Was Legally Premature Due To Statutory Impediments: P&H High Court Once a Court Declares a Department an Industry Under Section 2(j), State Cannot Raise the Same Objection Again: Gujarat High Court Slams Repetitive Litigation by Irrigation Department “How Could Cheques Issued in 2020 Be Mentioned in a 2019 Contract?”: Delhi High Court Grants Injunction in Forged MOA Case, Slams Prima Facie Fabrication

"WRIT LAW" Digest

Protection Petition - Live-in Relationship – Minor Partner – Relief Denied - Petitioners sought protection alleging threat from family members opposing their live-in relationship – Petitioner No.2 was a minor (17 years 6 months) at the time of filing – Held: A minor is legally incompetent to make choices involving live-in relationships under applicable statutory laws includ...

Civil Writ - Enforcement of The Drugs and Magic Remedies (Objectionable Advertisements) Act - Definition of Advertisement – Wide and Inclusive Scope – Section 2 of 1954 Act – The Court emphasized that the definition of ‘advertisement’ under Section 2 of the 1954 Act is wide, covering not only printed or broadcast media but also oral announcements, notices, wrappers, l...

Civil Writ - Employment Law - Recruitment Process – Statutory Compliance – Statute 415 of Pune University – Selection Process Vitiated – Petitioners alleged manipulation, lack of quorum, superficial interviews, and tampering of interview records – Management’s failure to comply with Circular No. 102/2023 requiring same-day submission of selection records –...

Civil Writ - Recruitment – Eligibility Criteria – One-Year LLM Degree – Arbitrary Exclusion – Provisional Selection List Quashed – Petitioner, though securing first rank in written exam, excluded on ground that her LLM was of one-year duration – Notification did not specify LLM must be of two-year duration – Held: Arbitrary to exclude candidate where UGC r...

Civil Law – Sale Decree Challenged - General Power of Attorney – No Express Authority to Sell – Sale Deeds Held Void – Power Misused - Plaintiff executed GPA for property management in favour of his brother-in-law – GPA holder executed sale deeds to his own relatives without plaintiff’s consent – Held: GPA lacked explicit authority to sell and sales were w...

Civil Writ - Expunging Remarks – Scope of Judicial Commentary – Trial Court Observations Against Non-Party Officer – Not Interfered With - The petitioner, a police officer, sought expunging of remarks made against him by the Trial Court despite not being an accused or witness – The Trial Court had only directed the Superintendent of Police to conduct an inquiry based on the...

Civil Writ - Education Law - Sports Quota – Horizontal vs Vertical Reservation – Compartmentalization Upheld - Petitioner contended that sports quota should be a standalone reservation and sub-division of seats based on community within sports quota amounts to reservation within reservation which is impermissible – Held: Sports quota is a horizontal reservation, and G.O.Ms.No.231...

Civil Law - Will – Proof Requirement – Attesting Witness Not Examined – Will Held Unproved – Both courts below accepted the Will based solely on scribe’s statement – Held: Under Section 68 of the Evidence Act read with Section 63 of the Succession Act, at least one attesting witness must be examined to prove execution – Mere testimony of scribe not suffici...

Civil Writ - Rejection of Appointment - Public Recruitment – Biometric Mismatch – Candidate’s Identity Not Disputed – Rejection Unwarranted – Petitioners' biometric data failed to match at exam exit/document verification but matched at entry – LIC rejected appointment solely based on TCS biometric report – Held: Identity not disputed, no fraud alleged ...

Civil Writ - Birth Certificate – Single Parent Registration – Claim Without Denial of Paternity – Petition Dismissed – Petitioner, though acknowledging respondent No.3 as biological father, sought issuance of birth certificate naming only herself as parent – Held: Request undermines welfare of child and attempts to mask paternity without legal basis [Paras 3–6]....