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

Service Law – Recruitment – Two-Child Norm – Relaxation for Widows – The petitioner's candidature for the post of School Lecturer was rejected due to having more than two children after 01.06.2002 – The petitioner contended that a disabled child should not be counted under the two-child norm as per the notification dated 28.02.2011 – The respondents argued t...

Service Law – Discrimination in Allowances – Parity with Police Personnel – Violation of Articles 14 and 16 of the Constitution – Writ Petition Allowed – Petitioners, Warders and Head Warders under the Home (Jail) Department, were initially granted Kit Maintenance Allowance and Ration Money Allowance under the 15th June 2017 notification, similar to police, fire, and ...

PIL - Tax Governance – Challenging modifications in the utility for e-filing income tax returns - Filing Utilities – Section 87A Rebate – Modifications to the e-filing utility restricted assessees from claiming a rebate under Section 87A of the Income-tax Act, 1961, during the assessment year 2024-25 – Petitioners argued that such restrictions violated Articles 265 and 300A...

Writ Petition – Fake Encounter – NHRC Recommendations – CBI Inquiry and Compensation -  – Petitioner sought a CBI inquiry into the alleged fake encounter killing of five persons on 5th May 2006 – NHRC had initially recommended a CBI inquiry in its order dated 26th September 2012 – Ministry of Home Affairs (MHA) initially conveyed no objection to a CBI inqui...

Civil Writ - Judicial Officers – Super-Time Scale and Selection Grade – Delay in Implementation – Directions Issued – The Supreme Court approved the SNJPC recommendations for increasing Selection Grade District Judges to 35% and Super-Time Scale District Judges to 15% of cadre strength, effective from 01.01.2020 – Several High Courts delayed implementation citing proc...

PIL - Right to Health – Fundamental Right – State’s Obligation – The court reaffirmed the right to health as a fundamental right under Article 21 of the Constitution – Held: Providing adequate medical facilities, staffing, and infrastructure is a constitutional obligation of the state – Directed the State of Karnataka to address the acute shortage of medical per...

Taxation Law - Income Tax – Reassessment Proceedings – Rule Against Reopening Same Issue Twice – The petitioner’s income for AY 2017-18 was previously reassessed under Section 147 read with Section 144B based on allegations of undervaluation of shares – The assessment order passed on 29.03.2022 accepted the petitioner’s explanation and made no additions – ...

Service Law – Appointment as Aanganwadi Worker – Eligibility for BPL Bonus Marks – Petitioner’s appointment was annulled by the Commissioner, Rewa Division, on the ground that she erroneously received 10 bonus marks for BPL Category – The petitioner relied on a BPL card issued in the name of her co-sister (Jethani), which was later found to contain overwriting –...

Constitutional Law – Challenge to Constitution (44th Amendment) Act, 1978 & Land Acquisition (Amendment) Act, 1984 – Not Considered – The Petitioners initially sought to challenge the constitutional validity of the Constitution (44th Amendment) Act, 1978, and the Land Acquisition (Amendment) Act, 1984 – However, no substantial arguments were advanced in this regard &nda...

Termination of Government Counsel – Violation of Principles of Natural Justice – Inquiry Based on Unverified Video – Termination Set Aside – The petitioner, who was serving as A.D.G.C. (Criminal) in District Hathras, was removed from his post by an order of the Joint Secretary, Law Department, based on an inquiry report alleging objectionable remarks against Mahatma Gandhi ...