Dowry Case | In the absence of specific allegations, mere naming of distant relatives cannot justify prosecution: MP High Court Non-Commencement of Activities Alone Not a Ground for Refusal: Calcutta High Court at Calcutta Affirms Trust Registration, Stating Granting Shifting Permissions is a Quasi-Judicial Act: Delhi High Court Quashes Disciplinary Charges Against MCA Official Jurisdiction Does Not Preclude Transfer to Competent Family Courts: Rules Kerala High Court Madras High Court Acquits Two, Reduces Sentence of Main Accused: Single Injury Does Not Prove Intent to Murder Financial Creditors Retain Right to Pursue Personal Guarantors Post-Resolution Plan: Punjab & Haryana High Court Proper Notice and Enquiry are the Bedrock of Just Administrative Actions: Rajasthan High Court Calcutta High Court Sets Aside Discharge Order in Madan Tamang Murder Case, Orders Trial for Bimal Gurung Review Cannot be Treated Like an Appeal in Disguise: Madhya Pradesh High Court Dismisses Tax Review Petition Delhi High Court Orders Interest Payment on Delayed Tax Refunds: ‘Refund Delays Cannot Be Justified by Legal Issues’” Freedom of Press Does Not Exempt Legal Consequences: Kerala High Court Quashes Proceedings Against Journalists in Jail Sting Operation Highest Bidder Has No Vested Right”: Rajasthan High Court Upholds Rejection of SEZ Plot Allotment Indefeasible Right to Bail Arises When Investigation Exceeds Statutory Period: Punjab & Haryana HC Sets Aside Extension Orders in NDPS Case

"Writ Law" Digest

Election Law - No Confidence Motion – Compliance with Section 54(2)(c) of Odisha Municipality Act – Petition Dismissed - The petitioners challenged the validity of a notice issued by the Collector calling for a vote of no confidence against the Chairperson of Purusottampur N.A.C., arguing that the notice was not accompanied by the requisition and resolution as mandated by Section 54(2)...

SARFAESI Act – E-Auction Sale Notice – Validity of Auction Proceedings - The petitioner, a guarantor for a loan, challenged the e-auction sale notice issued by the bank under the SARFAESI Act for recovery of dues. The Court upheld the validity of the auction proceedings, noting that the bank had complied with the procedural requirements under the SARFAESI Act and that the petitioner fa...

Civil Procedure – Recall of Ex-Parte Decree – The petitioner sought to recall an ex-parte decree passed by the Sub-Judge under Order 8 Rule 10 of the CPC – The petitioner argued that the decree was passed without affording him sufficient opportunity to defend his case – The court dismissed the writ petition, holding that judicial orders of civil courts cannot be challenged ...

Constitutional Law – Article 19(1)(g) – Age-Based Restriction on Professional Licenses – West Bengal Electrical Licensing Rules 2017 – Constitutional Validity Upheld – The appellants challenged the imposition of an age bar under Rules 23(c) and 31(5) of the West Bengal Electrical Licensing Rules, 2017, as being violative of their right to profession under Article 19(1...

Land Acquisition – Illegal Possession – Article 300-A Violation – Compensation Awarded – The petitioner was dispossessed of her land in 1988 for the construction of a road, but no acquisition proceedings or compensation followed – The Court held that the petitioner was illegally deprived of her property in violation of her constitutional rights under Article 300-A &nd...

Advocate's Right to Speech – Gag Order by Bar Council of India – Writ Petition Allowed – The petitioner, a practicing advocate, challenged the gag order imposed by the Bar Council of India restraining advocates from making public statements concerning alleged financial mismanagement in the Karnataka State Bar Council – The Court held that the Bar Council of India had no...

Service Law - Delay and Laches – Writ Petition Filed After 14 Years of Retirement – Petition Dismissed – The petitioner retired in 2010 and sought relief in 2024 for the grant of promotional increment on completing 23 years of service – The Court dismissed the petition due to inordinate and unexplained delay of 14 years, citing principles of delay and laches established in ...

Refund of Stamp Duty – Section 49 of the Indian Stamp Act, 1899 – Refusal of Refund Upheld - The petitioner sought a refund of Rs. 65,37,500 paid as stamp duty and transfer duty for a sale deed that was refused registration. The High Court held that once the stamp duty has been utilized for a presented document, it cannot be refunded merely because the registration was refused for non-...

Discharge Petition – Criminal Conspiracy and Forgery – The petitioner, who was charged under Sections 120(B), 465, 468, 471, 472, 420 read with 34 of the IPC, sought discharge from the charges, arguing that the investigation was improperly conducted and that key documents were not subjected to forensic examination – Held: The court found that for the charge of conspiracy, direct ...

Termination of Pregnancy – Minor Rape Victim – Right to Personal Liberty – Petition Allowed - The petitioner, a minor girl aged 14, who was a victim of rape, sought termination of her 28-week pregnancy. The Court, recognizing the mental and physical trauma associated with the continuation of the pregnancy, granted permission for termination. The Court held that forcing the petiti...