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

Pension Law – Restoration of Commuted Pension – Period for Restoration – Petitioners, retired employees of Punjab National Bank, challenged the 15-year period prescribed under Regulation 41(4) of the Punjab National Bank (Employee) Pension Regulation, 1995, for restoration of commuted pension – Contended that lump sum amount paid on commutation is recovered within 10-11 yea...

Animal Welfare – Fundamental Rights of Animals – Rule 20 of the Animal Birth Control Rules, 2023 – Constitutionality Affirmed – The petitioners challenged the validity of Rule 20 of the Animal Birth Control Rules, 2023, which mandates Resident Welfare Associations or Apartment Owner Associations to provide designated feeding spots for community animals – The responden...

Service Law - Juvenile Justice Act – Applicability to Recruitment – Suppression of Criminal Case – Petitioner, a juvenile at the time of the alleged offence, did not disclose a pending criminal case in his attestation form when joining SSB – Termination of service on this basis held unsustainable – Juveniles are protected from disqualification under Section 19 of the ...

Service Law - Suspension of Home Guard Volunteer - Lack of Statutory Basis – Petitioner challenged suspension order dated 30.08.2019 and denial of subsistence allowance – Held: Punjab Home Guards Act, 1947, and Rules, 1963, lack provisions for suspension; instructions from Government of India and State Standing Orders permit suspension but fail to address subsistence allowance – ...

Writ - Mandamus - Compel the Government of NCT of Delhi and the Speaker of the Legislative Assembly to table - Constitutional Obligation – Laying of CAG Reports – Article 151(2) and Section 48 of the GNCTD Act – Laying of CAG reports in the legislature is a mandatory constitutional obligation under Article 151(2) of the Constitution and Section 48 of the GNCTD Act – Reports...

Civil Writ - Challenge to the legality and procedural Mass Transfers of Panchayat Officials – Violation of Legislative Intent and Guidelines – Petitioners challenged mass transfers of Panchayat officials alleging they were carried out in violation of Section 89(8-A) of the Rajasthan Panchayati Raj Act, 1994, and guidelines framed in Kera Ram v. State of Rajasthan – Held: Legislat...

Writ - Service Law - Termination of Judicial Probationer – Principles of Article 311(2) – Violation of Natural Justice – Termination Quashed - The petitioner, a probationer in Haryana Civil Services (Judicial Branch), was terminated following allegations of misconduct based on a complaint by his former wife and the report of the Administrative Judge – No charge sheet was is...

Criminal Law - Section 91 CrPC – Issuance of Summons Without Investigation – Quashed – Summons issued by the Anti-Corruption Bureau (ACB) under Section 91 CrPC were challenged on the ground that they were issued in the absence of any pending investigation, inquiry, or trial. The court held that Section 91 can only be invoked during a lawful investigation, inquiry, or trial under ...

Eviction Proceedings – Jurisdiction of Estate Officer under the Public Premises Act – Appellant alleged that proceedings under the PP Act were not maintainable due to the existence of bona fide disputes regarding lease renewal – High Court held that the Estate Officer has jurisdiction under the PP Act as the property is public premises and no ownership dispute exists – Dism...

Civil Writ - Medical Termination of Pregnancy – Consent of Husband Not Required – The petitioner, a 32-year-old woman, sought termination of her 18-week pregnancy without her husband's consent. She cited domestic violence, separation from her husband, and the impact on her mental and physical health. The Court held that marital consent is not required for termination under the MTP ...