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 Higher Qualifications Can't Override Prescribed Standards, But Service Deserves Pension: Punjab & Haryana High Court A Mere Breach of Promise Does Not Constitute Criminal Breach of Trust Under Section 406 IPC: Rajasthan High Court Madras High Court Overturns Order Denying IDA Increments, Citing Unfair Settlement Exclusion No Premeditated Intention to Kill: Kerala High Court Reduces Murder Convictions in Football Clash Case Landlord Need Not Be Owner to Seek Eviction: Court Upholds Broad Definition of Landlord under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 Delhi High Court Sets Aside Status Quo on Property, Initiates Contempt Proceedings for False Pleadings and Suppression of Facts Calcutta High Court Rules Deceased Driver Qualifies as Third Party, Overrides Policy Limitations for Just Compensation A Litigant Who Pollutes the Stream of Justice Is Not Entitled to Any Relief: Rajasthan High Court Cancels Bail in Murder Case Due to Suppression of Evidence Punjab and Haryana High Court Awards Compensation in Illegal Termination Case, Affirms Forest Department as an 'Industry' Suspicion Cannot Replace Proof: Madras High Court Acquits Man in Double Murder Case Kerala High Court Quashes Criminal Proceedings in Loan Repayment Dispute: Manifestly Attended with Mala Fide Intentions Systematic Instruction Essential for ‘Education’ Tax Exemption: Delhi High Court Intent to Deceive Constitutes Forgery: High Court of Calcutta Dismisses Quashing Petition in Fraudulent Property Inclusion Case

"Writ Law" Digest

Environmental Law – Air Pollution – Implementation of Directions – CAQM's Failure to Enforce Orders – The Supreme Court reviewed the compliance report submitted by the CAQM on the enforcement of directions issued regarding stubble burning and air pollution control. Despite the issuance of multiple directions, including one on 10th June 2021 and another on 12th April 202...

Merit List – Non-operation of Merit List Downwards – Petition Allowed – The petitioners, qualified candidates for Assistant Engineer (Electrical) posts, contended that despite the Supreme Court’s judgment, the Telangana State Power Generation Corporation did not operate the merit list downwards to fill 42 unfilled posts – The Court held that the corporation’s de...

Civil Law – Redevelopment Scheme – Dispute Over Rent and Dues – Developer's Obligations – The respondents (tenants) approached the Bombay High Court seeking a writ of mandamus to compel the developers (petitioners) to pay outstanding rent and complete the redevelopment of Chunawala Building as per a scheme sanctioned by the Maharashtra Government. The High Court issued ...

Civil Law - Development Agreement – Breach of Contract – Declaration Sought for Nullity – The plaintiff sought a declaration that the development agreement and supplementary agreement with the defendant firm were null and void due to non-performance and failure to obtain registration from ORERA – The trial court and first appellate court held that the defendant breached the...

Landlord-Tenant Law – Bonafide Requirement – Availability of Alternative Premises – The appellant challenged the eviction decree passed on the ground of bonafide requirement, asserting that the landlord’s daughter-in-law could conduct her business from another available room (Room No. 3) with commercial electricity, negating the need for eviction – Held: The plaintiff...

Maintainability of Writ Petition – Arbitration Clause in Contract – Article 226 of the Constitution – The petitioner challenged the termination of his LPG distributorship license by IOCL, raising issues of arbitrariness and violation of fundamental rights – The respondent argued that the presence of an arbitration clause in the contract barred the petitioner from seeking re...

Appointment of Election Officer – Jurisdiction of Registrar – Rule 11 of the 2004 Rules – Interpretation and Applicability – The petitioners challenged the removal of the Election Officer (Surja Ram Bishnoi) and the appointment of a new Election Officer (Manju Saharan) under Rule 11 of the 2004 Rules, arguing that Rule 11 applies only to elections under Section 26 of the Ac...

Writ of Mandamus – Permission for Preparatory Arrangements for Public Festivities – The petitioners, devotees and members of Navajagran Public Durga Puja Samithi, sought permission to enter Bannappa Park Playground for preparatory work ahead of Durga Puja, scheduled from 09.10.2024 to 13.10.2024 – Held: The respondents had already granted permission for the Puja, and it was deeme...

Criminal Law - Externment Proceedings – Scope of Judicial Review – Section 47 of Delhi Police Act – The petitioner challenged an externment order issued under Section 47 of the Delhi Police Act for involvement in bootlegging and other criminal activities. The court observed that externment is not a punitive measure but preventive, aimed at ensuring public safety. Judicial review ...

Education Service – Appointment of Principal – Requisition Sent to Board – The petitioners challenged the transfer orders appointing other individuals as Principals in intermediate institutions – The petitioners contended that once the requisition for appointment had been sent to the U.P. Secondary Education Service Selection Board in accordance with Rule 11(4) of the 1998 ...