Mere Allegations of Harassment Do Not Constitute Abetment of Suicide: Punjab & Haryana High Court Grants Bail to Wife in Matrimonial Suicide Case 'Convenience Of Wife Not A Thumb Rule, But Custody Of Minor Child Is A Weighing Aspect': Punjab & Haryana HC Transfers Divorce Case To Rohtak MACT | A Minor Cannot Be Treated as a Non-Earner: Punjab & Haryana High Court Consensual Love Affair Not Cheating Under IPC Section 417: Madras High Court Acquits Man Despite Paternity Confirmation Review Jurisdiction is an Ant-Hole in a Pigeon-Hol: Madras High Court Dismisses Review Plea Against Order Upholding Arbitral Award on Liquidated Damages Bank Can Freeze Guarantor’s Salary Account to Recover Loan Dues: Kerala High Court Clarifies CPC Exemption Does Not Apply to Banker’s Right Revenue Entry Calling Property ‘Ancestral’ Does Not Create Title: Gujarat High Court Upholds Registered Will in Second Appeal Licensee Cannot Resist Resumption Of Railway Land: Gauhati High Court Upholds Eviction For Amrit Bharat Station Scheme Mere Non-Payment of Business Dues Is Not Cheating: Calcutta High Court Protects Traders from Criminal Prosecution in Purely Civil Dispute Prosecution’s Failure to Prove Age of Prosecutrix Beyond Reasonable Doubt Fatal to POCSO Conviction: Rajasthan High Court Judicial Review Is Not A Substitute For Examiner’s Judgment: Delhi High Court Rejects DJSE Candidate’s Plea Over Alteration of Marks Part-Payments Extend Limitation - Each Payment Revives Limitation: Delhi High Court No Title, No Right, No Equity: Bombay High Court Demolishes Claim Over Footpath Stall, Imposes ₹5 Lakh Costs for Abuse of Process Cooperative Society Is A “Veritable Party” To Arbitration Clause In Flat Agreements, Temple Trust Entitled To Arbitrate As Non-Signatory: Bombay High Court State Government Cannot Review Its Own Revisional Orders Under Section 41(3): Allahabad High Court Affirms Legal Bar on Successive Reviews When Several Issues Arise, Courts Must Answer Each With Reasons: Supreme Court Automatic Retention Trumps Lessee Tag: Calcutta High Court Declares Saregama India ‘Raiyat’, Directs Reconsideration of Land Conversion Application Recovery of Valid Ticket Raises Presumption of Bona Fide Travel – Burden Shifts to Railways: Delhi High Court Restores Railway Accident Claim Failure to Frame Issue on Limitation Vitiates Award of Compensation Under Telegraph Act: Gauhati High Court Sets Aside Order, Remands Matter Compassionate Appointment Is Not a Heritable Right: Gujarat High Court Rejects 9-Year Delayed Claim, Orders Re-Issuance of ₹4 Lakh Compensation Court Cannot Rewrite Contracts to Suit Contractor’s Convenience: Kerala High Court Upholds Termination of Road Work Under Risk and Cost Clause Post-Bail Conduct Is Irrelevant in Appeal Against Grant of Bail: Supreme Court Clarifies Crucial Distinction Between Appeal and Cancellation Granting Anticipatory Bail to a Long-Absconding Accused Makes a Mockery of the Judicial Process: Supreme Court Cracks Down on Pre-Arrest Bail in Murder Case Recognition as an Intangible Asset Does Not Confer Ownership: Supreme Court Draws a Sharp Line Between Accounting Entries and Property Rights IBC Cannot Be the Guiding Principle for Restructuring the Ownership and Control of Spectrum: Supreme Court Reasserts Public Trust Over Natural Resources Courts Cannot Convict First and Search for Law Later: Supreme Court Faults Prosecution for Ignoring Statutory Foundation in Cement Case When the Law Itself Stood Withdrawn, How Could Its Violation Survive?: Supreme Court Quashes 1994 Cement Conviction Under E.C. Act Ten Years Means Ten Years – Not a Day Less: Supreme Court Refuses to Dilute Statutory Experience Requirement for SET Exemption SET in Malayalam Cannot Qualify You to Teach Economics: Supreme Court Upholds Subject-Specific Eligibility for HSST Appointments Outsourcing Cannot Become A Tool To Defeat Regularization: Supreme Court On Perennial Nature Of Government Work Once Similarly Placed Workers Were Regularized, Denial to Others Is Discrimination: Supreme Court Directs Regularization of Income Tax Daily-Wage Workers Right To Form Association Is Protected — But Not A Right To Run It Free From Regulation: Supreme Court Recalibrates Article 19 In Sports Governance S. Nithya Cannot Be Transplanted Into Cricket: Supreme Court Shields District Cricket Bodies From Judicially Imposed Structural Overhaul Will | Propounder Must Dispel Every Suspicious Circumstance — Failure Is Fatal: : Punjab & Haryana High Court Electronic Evidence Authenticity Jeopardized by Unexplained Delay and Procedural Omissions: MP High Court Rejects Belated 65B Application Not Answering to the Questions of the IO Would Not Ipso Facto Mean There Is Non-Cooperation: Supreme Court Grants Anticipatory Bail Undertaking to Satisfy Award Is Not Waiver of Appeal: Supreme Court Restores Insurer’s Statutory Right

"Writ Law" Digest

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 ...

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...

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...

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 ...

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...

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 ...

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-...

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...