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

Medical Termination of Pregnancy – Rape Survivor – Judicial Review – Right to Life – Permission Granted – A 13-year-old minor, a victim of sexual assault, was diagnosed with a pregnancy beyond the permissible 24-week limit under the MTP Act – The petitioner (father of the minor) sought permission for termination, citing the grave risk to the child’s life d...

Civil Writ - War Hero Benefits – Eligibility for Employment under Policy Dated 19.08.1999 – Rejection Based on Mode of Discharge – Arbitrary Action by State – Petitioner No.1, an Indian Army soldier injured in an IED blast during Operation Rakshak, was discharged in a low medical category upon completion of service tenure – State denied benefits to Petitioner No.2 (hi...

Criminal Writ – Maintainability of Writ for Registration of FIR – Availability of Alternative Remedies – Petitioner sought directions for registering an FIR against judicial officers and advocates, alleging collusion in land grabbing – Held: Writ petitions or petitions under Section 482 CrPC for FIR registration should not be entertained when statutory remedies under Sectio...

Civil Law - Employees’ Provident Fund – Exemption Cancellation – Impact on Sick Industrial Companies – Petitioner’s EPF exemption was revoked in 2002, and demand notices were issued for outstanding contributions – Petitioner, declared a sick industrial company in 1995, contended that attachment proceedings violated its statutory protection – Held: Cancella...

Taxation Law - Income Tax – Reassessment of Fictitious Income – Powers of CBDT under Section 119 – Held: The petitioner, formerly Satyam Computer Services Ltd., suffered due to financial fraud committed by its ex-management – The company was made to pay income tax on inflated and non-existent income – Despite multiple judicial findings confirming the fraud, CBDT rejec...

Criminal Writ - Criminal Investigation – Direction for Crime Branch Investigation – Articles 226 & 227 of the Constitution of India – Investigation Ordered – The petitioner alleged fraud and coercion by police officials, stating that despite multiple complaints, no action was taken – The petitioner and his wife were allegedly abducted and subjected to harassment &...

Civil Writ - Right to Protest – Refusal of Permission for Rally – Article 19(1)(b) – Public Order Justification – The petitioners, an unregistered organization, sought permission to conduct a rally supporting law enforcement and condemning violence against the police – The Commissioner of Police denied permission citing potential communal tensions and difficulty in ma...

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 ...