Supreme Court Strikes Down Expulsion of Bihar MLC as Disproportionate, Orders Immediate Reinstatement Private Banks Not Subject to Writ Jurisdiction Under Article 226: Punjab & Haryana High Court Mere Allegation of Forgery is Not Enough: Madhya Pradesh High Court Dismisses Second Appeal in Partition Dispute When a Case is Made Out for Bail, Courts Should Not Hesitate: Kerala High Court Allows Bail Despite Commercial Quantity of Drugs Seized Retailers Cannot Be Prosecuted for Manufacturer’s Fault" – Karnataka High Court Quashes Case Against Pesticide Dealers Mere Issuance of a Cheque Does Not Prove Legally Enforceable Debt": Delhi High Court Upholds Acquittal in Cheque Dishonor Case Courts Cannot Ignore Urgent Repairs When Public Safety is at Stake: Calcutta High Court Upholds Trial Court's Order Mutation Entries Do Not Confer Ownership: Bombay High Court Rejects Premature Dismissal of Partition Suit No Substantial Question of Law – High Court Cannot Re-Appreciate Evidence Under Section 100 CPC: Andhra Pradesh High Court Injunction Cannot Be Granted Without Proof of Possession: Allahabad High Court Quashes Relief in Land Dispute Section 197 CrPC | Sanction for Prosecution is a Shield, Not a Sword: Supreme Court Quashes Criminal Case Against BIS Officer Landlord is the Best Judge of His Needs: Supreme Court Orders Eviction in Favor of Landowner Vijaya Bank TT Scam | Supreme Court Acquits Jeweller in ₹6.7 Crore Vijaya Bank Fraud Case, Orders Return of 205 Gold Bars Procurement Preference for Small Enterprises is a Legal Mandate, Not a Mere Policy: Supreme Court Rules in Favor of MSMEs Revisional Jurisdiction Cannot Be Invoked Against Interlocutory Orders of Commercial Courts: Orissa High Court Declares Section 8 Bar Absolute Victim’s Testimony Must Be of Sterling Quality to Be Sole Basis of Conviction: Kerala High Court Reduces Sentence of Pastor Convicted for Repeated Rape of Minor Providing Set-Top Boxes to Subscribers Constitutes Sale”: Karnataka High Court Upholds VAT on Tata Play Limited Mere Registration of FIR Cannot Justify Denial of Passport Renewal: Jammu & Kashmir and Ladakh High Court

"WRIT LAW" Digest

Ex-Servicemen Benefits – Pension and Increment Discrepancies – Discriminatory Provisions Declared Unconstitutional - Petitioners challenged amendments to Rule 8-B, which restricted benefits of military service during the Second National Emergency to those appointed in government service on or after 01.12.2011 – Court held the cut-off date arbitrary, creating unequal classes withi...

Temple Surplus Funds – Utilization for Religious and Charitable Purposes – Non-Compliance with HR & CE Act – The surplus funds of the temple cannot be utilized for purposes beyond those specified in Section 66(1) or Sections 36-A and 36-B of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 – Held: Construction of a shopping complex does not align with ...

Writ – PIL - Challenge to the withdrawal of recommendations - Governor’s Role in Nominations – Article 171(3)(e) and Article 163(1) – Discretion Limited – Challenge to Governor’s non-action on the Council of Ministers' recommendations dated 6 November 2020 for Legislative Council nominations – Held: The Governor’s discretion under Article 171(3)(...

Election Law – Improper Rejection of Nomination Papers – Judicial Review Barred – Petitioners sought to challenge the rejection of nomination papers for the Sarpanch elections in Punjab, alleging collusion between the Returning Officer and other candidates – Petitioners requested a stay on the election process – The State opposed the petitions, citing Section 89 of th...

Civil Law - Principles of Natural Justice – Deletion of Name from Revenue Records Without Notice – The respondent's father’s name was deleted from revenue records without issuing notice or providing an opportunity of hearing – Held: Such deletion violates the principles of natural justice and the provisions of the Andhra Pradesh Rights in Land and Pattadar Pass Books Ac...

UGC Librarians – Pay Fixation and Seniority – Requirement of Qualifications – UGC Scheme Conditions – The Kerala Administrative Tribunal granted UGC pay scale and senior scale promotions to respondents who acquired UGC qualifications (NET) after 12-13 years of service as Librarian Grade I. Held: Tribunal erred in granting retrospective benefits contrary to Annexure A8 Gover...

Civil Writ - Unauthorized Constructions – Demolition of Buildings – Regularization Under MRTP Act – Petitioners sought to challenge notices issued by the Tahsildar for the demolition of their apartments, contending that they were third-party purchasers and entitled to regularization – Held: Petitioners' claim of innocent purchase is untenable when ownership stems from i...

Money Laundering – Attachment of Property – Provisional Attachment Order Upheld - The petitioners challenged the PAO attaching properties allegedly linked to proceeds of crime under the PMLA, arguing non-compliance with mandatory provisions, including the absence of reasons to believe and the lack of connection between attached properties and proceeds of crime – The Court upheld ...

Criminal Writ - Habeas Corpus – Custody of Minor – Applicability of Section 6 of the Hindu Minority and Guardianship Act, 1956 – The petitioner, a biological father, filed a habeas corpus petition alleging illegal custody of his minor son (aged 9 years) with the maternal grandparents (respondents) – Held: The petitioner, being the natural guardian under Section 6 of the Hin...

Criminal Law – Quashing of FIR – Appellant petitioners sought quashing of FIR under Sections 420, 406, 467, 468, 471, and 120-B of IPC – FIR was registered post the enactment of Bhartiya Nyaya Sanhita (BNS) 2023 – Dispute between family members regarding the alleged forgery of a will and manipulation of property records – Petitioners argued that with the repeal of the...