No Collision? Then Why Did You Flee? — Supreme Court Rejects Truck Driver’s Defence, Upholds Full Liability on Insurer Vicarious Liability Must Be Pleaded With Precision — You Can’t Drag Someone Just Because He Was Once Associated with a Company: Gujarat High Court Quashes Cheque Bounce Case Against Non-Executive Individual Daughters Can’t Be Sidelined in Ancestral Property: Telangana High Court Dismisses Purchaser’s Appeal, Upholds Partition in Favour of Married Women and Legal Heirs Marriage in Arya Samaj Is Valid If Performed as per Vedic Rites — Certificate Alone Is Not Conclusive Proof: Allahabad High Court Refuses to Quash Cruelty Case Even a Mother-in-Law Can Be an Aggrieved Woman: Allahabad High Court Upholds Right to File Domestic Violence Case Against Daughter-in-Law Exemption Under Minority Cannot Be Invoked to Justify Delay in Appeal: Supreme Court Reverses Kerala High Court in Fatal Accident Claim Innocent Flat Buyers Cannot Be Made to Suffer Due to Institutional Failures: Supreme Court on Tamil Nadu Housing Board Land Dispute Decree Can’t Sleep for 18 Years and Wake Up to Claim Land: Telangana High Court Cancels Mutation Based on 1995 Partition Decree Six Years in Custody, Only Two Witnesses Examined—Incarceration Cannot Continue Indefinitely: Punjab & Haryana High Court Grants Bail in Murder Case Gratuity Is Not a Bounty—It Is Property Under Article 300A: Madhya Pradesh High Court Slams Delay in Payment to Retired Teacher A Small Degree of Scoliosis Cannot Be Stretched To Deny Appointment:  Punjab & Haryana High Court Directs Appointment Of Constable Despite Medical Board’s Earlier Unfitness Declaration Victim’s Statement Under Section 164 CrPC Has No Substantive Value Without Civil Dispute Dressed as Criminal Offence — You Can’t Use FIRs to Fight Over Ancestral Property: Himachal Pradesh High Court Dismisses Plea for Police Action in Family Property Sale Statement of Co-Accused Can Only Be a Clue, Not the Sole Basis for FIR Quashing: Gujarat High Court Declines to Interfere at Investigation Stage Right to Fair Trial Includes Right to Access Digital Evidence: Delhi High Court Directs Supply of Hard Disk Copy to Accused for Effective Defence Allegations of Affixing Counterfeit Mark Amounts to Cheating Under Illustration (b) of Section 415 IPC: Calcutta High Court Refuses to Quash Criminal Proceedings Delivery of Cheque to a Third Party Without Authorization Doesn’t Discharge Liability: Andhra Pradesh High Court Affirms Decree Against L&T Officials

"WRIT LAW" Digest

Arbitration Law - Section 9 Arbitration Act – Maintainability Post Final Award – Petition Maintainable – Final Award Passed After Hearing Closed - Court held that merely because the final award was passed after the Section 9 petition was argued and reserved, the reliefs sought did not become infructuous – Reliefs under Section 9 may extend until enforcement of the award, es...

Civil Writ - Transport Law – Temporary Permit – Validity of Permit under Section 87(1)(c) – Petition Dismissed – Court held that while permit referred to both Section 87(2)(i) and public interest, the situation clearly fell under Section 87(1)(c) – Application dated 31.07.2023 deemed valid and revived by subsequent application dated 07.12.2024 – Held: Technical ...

Senior Citizens Act – Implied Condition of Care – Cancellation of Settlement Deed Upheld – The appellant challenged the order of the Revenue Divisional Officer (RDO) canceling a Settlement Deed executed by a senior citizen in favor of her son, on the ground that the son and daughter-in-law had failed to maintain the senior citizen – The Court held that Section 23(1) of ...

Education Law - University Examination – Scaling Down of Marks – Unlawful Application of Old Regulations – Petition Allowed – The petitioner was declared "fail" in a re-appear examination due to the University's reduction of his marks from 54/80 to 41/60 based on outdated regulations (60:40 ratio) – The Court held that since the petitioner appeared for t...

Passports Act – Renewal of Passport – Pending Criminal Proceedings – Petitioner, an Indian citizen residing in the USA, sought renewal of his passport bearing No. M5407876, which was due to expire on 08.09.2025 – Renewal was denied by the Regional Passport Office, Bengaluru (Respondent No.2) due to pending criminal proceedings under Sections 354A, 354D, 504, and 420 IPC &nd...

Criminal Law - Extradition Proceedings in Matrimonial Dispute – Non-appearance in Quasi-Criminal Proceedings – Section 26 of the Domestic Violence Act – Extradition Order Set Aside – The appellant’s passport was impounded due to multiple cases filed by the respondent – The Trial Court ordered the initiation of extradition proceedings against him due to his failu...

Civil Writ - Public Employment – Prescribed Qualification vs. Equivalent Qualification – KPSC’s Inconsistent Approach Struck Down – The petitioners contended that their qualifications, recognized by government institutions, were equivalent to the prescribed qualification in the recruitment notification – The Court found that the KPSC had arbitrarily excluded them desp...

Civil Procedure – Summary Judgment – Rejection of Application – Order XIII-A CPC – Requirement of No Real Prospect of Defense – Delhi High Court judgments relied upon – Summary judgment can be granted where there is no real prospect of success or defense – Court must ensure just disposal without unnecessary trial – Court held that since the issue of ...

Civil – Writ - Religious Institutions – Police Interference – Mandamus Issued – Departmental Inquiry Ordered – Police Directed Not to Interfere in Religious Disputes – The Uttaradi Mutt filed a writ petition alleging that the police coerced them to hand over the keys of Sri Narahariteertha Swamy Brundavana to Sri Raghavendra Swamy Mutt – The petitioner cit...

Family Law – Divorce Petition – Territorial Jurisdiction – Section 19 of the Hindu Marriage Act – The wife objected to the jurisdiction of the Family Court, Cuttack, stating that the couple last resided together in June 2017, whereas the husband filed for divorce in February 2019 when he was no longer residing in Cuttack – Held: The plea of lack of jurisdiction must b...