Even a Trespasser in Settled Possession Cannot Be Dispossessed Without Due Process: Punjab & Haryana High Court Emphasizes in Family Property Dispute Taxation Law | Issuance of Notices Without Application of Mind Violates Fundamental Principles: PH High Court Quashes Notices A Soldier Cannot Be Denied Disability Pension Just Because It Was Below 20%: Supreme Court Grants Full Benefits to Army Veteran Invalided Out for Seizure Disorder State Cannot Let Bureaucratic Delay Decide a Judge’s Seniority: Supreme Court Grants Retrospective Seniority to Civil Judges Selected in 2003 Prosecution Cannot Hijack Court’s Power to Frame Charges Under Section 216 CrPC: Andhra Pradesh High Court Sets Aside Alteration of Charges in Double Murder Trial Primacy of Judiciary, Not Executive Discretion, Must Guide Prosecutor Appointments: Kerala High Court Declares District Judge’s Role Paramount Under BNSS Civil Wrongs Cannot Be Criminalized: Domain Dispute Not Forgery or Cheating: Karnataka High Court Quashes Case Against Ex-Chancellor of Alliance University Conversations, Not Conspiracies - CDRs and Mere Conversations Cannot Prove Criminal Conspiracy: Delhi High Court Quashes CBI Case Against Prakash Industries CMD and Others Law Protects Against Real Cruelty, Not Every Family Argument — Police Machinery Isn’t a Weapon for Personal Vengeance: Himachal Pradesh High Court Quashes FIR A Party Cannot Blow Hot and Cold – Once a Landlord Supports Tenancy Claim, Their Successors Cannot Turn Around: Gujarat High Court Upholds Tenant Rights Despite Revenue Tribunal’s Reversal Specific Performance Is a Discretion, Not a Right: Telangana High Court Trashes Fabricated Sale Agreement, Overturns Trial Court Decree State Cannot Seize Property Without Proving Owner Died Heirless: Andhra Pradesh High Court Quashes Escheat Proceedings for Procedural Lapses Reasonableness of Business Expenditure Must Be Judged From the Businessman’s Perspective, Not the Revenue’s: Bombay High Court Dismisses Assessee’s Appeal in Infrastructure Fee Dispute Delay in Filing Does Not Invalidate a Will—Right to Probate is Continuous: Calcutta High Court Upholds Probate Despite 19-Year Delay Registration Alone Is No Guarantee of a Valid Will”: Delhi High Court Refuses Probate for Failure to Prove Attestation

"WRIT LAW" Digest

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...

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...

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...

Labour Law - Compassionate Employment – Entitlement under NCWA – Respondent No. 5 (widow of the deceased employee) sought employment under Clause 9.3.2 of the NCWA-VI and VII, which provides for employment to a dependent of a worker who dies while in service – Employer contended that the employee was terminated after unauthorized absence before his death – Held: Since the e...

Civil Law - Provident Fund – Levy of Damages for Delayed Remittance – Whether Mandatory – The Tribunal set aside damages under Section 14B citing lack of willful default—Held: Mens rea is not required for imposing damages under Section 14B—Authority must consider aggravating and mitigating factors but cannot mechanically waive damages—Tribunal’s order set ...

Industrial Disputes – Reinstatement vs. Lump Sum Compensation – Unfair Labour Practices – The petitioner, a government-aided private college, challenged the Labour Court's order of reinstatement with 50% back wages – Respondents (workmen) were retrenched in 2006 after completing 240 days but were appointed on ad hoc basis without approval from the competent authority &n...

Service Law - Compulsory Retirement – Scope of Judicial Review – The petitioner challenged his compulsory retirement on grounds of procedural irregularities and alleged bias—Held: Judicial review in matters of compulsory retirement is limited to checking arbitrariness or mala fides—Employer’s subjective satisfaction cannot be substituted unless it is unreasonable or p...

Civil Writ - Government's Power to Take Over Water Bodies – Compliance with Natural Justice Required – No Proof of Private Ownership - The petitioner contended that the impugned order under Section 17A of the West Bengal Inland Fisheries Act was passed without due notice and without verifying whether the property was indeed a water body – The respondent-KMC argued that the la...

Compassionate Appointment – Applicability of Rules at the Time of Death – Retrospective Effect Not Permissible – Claim Rejected - petitioners sought compassionate appointment for petitioner no. 2 under the Orissa Civil Services (Rehabilitation Assistance) Rules, 1990, after the death of the government employee – The opposite party rejected the application on the grounds tha...