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

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 ...

Land Law – Mutation of Leasehold Property – The petitioner sought mutation of a plot in Salt Lake City, which was transferred to him through a registered deed of conveyance – Authorities demanded the petitioner file an affidavit declaring that he and his family do not own any other property in the KMDA area, citing the Urban Land (Ceiling and Regulation) Act, 1976 – The pet...

Judicial Appointments – Elevation to High Court – Writ petition under Article 32 challenging the process of reconsideration for elevation of two senior-most District and Sessions Judges in Himachal Pradesh High Court – Petitioners argued against the appointment of officers junior to them without reconsideration of their names as directed by the Supreme Court Collegium – Hig...

Land Acquisition – Continuation of Proceedings under Repealed Act – No Error in Award - The appellants contested the land acquisition proceedings under the repealed Jammu and Kashmir Land Acquisition Act, 1990, claiming that the Right to Fair Compensation and Transparency in Land Acquisition Act, 2013 should have applied. The court upheld the validity of the proceedings, stating that t...

Service Law – Counting of Casual Service for Pension – Petitioners sought counting of their period as casual laborers in Arboriculture Organization for the purpose of pension and other retirement benefits – Petitioners were conferred with temporary status in 2012 and absorbed in 2015 – Court held that under the Odisha Civil Services (Pension) Rules, 1992, casual laborers ar...

Professional Misconduct – Chartered Accountants – Referral to Disciplinary Committee – The petitioner, a Chartered Accountant, challenged the Board of Discipline’s decision to refer a matter for further inquiry regarding alleged misconduct related to auditing companies without proper compliance with RBI regulations – The High Court held that the Board was within its p...

Constitutional Law – Right to Life – Infringement – Petitioner sought assistance for the installation of electricity at a rented garage space for a commercial venture – Private respondents obstructed the installation in violation of the Executive Magistrate’s order under Section 144(2) Cr.P.C – The Court held that such actions infringed upon the petitioner&rsquo...

Service Law - Employment Eligibility – Criminal Charges and Moral Turpitude – Circular dated 04.12.2019 – The petitioner, who was selected for a post in the Rajasthan State Services based on his merit, was denied appointment due to pending criminal charges related to matrimonial disputes – Held: The respondents erred in mechanically applying the circular without considering...

Non-Lodging of FIR – Remedy Available under Section 156(3) CrPC – Writ of Mandamus Denied The petitioner filed a writ petition seeking a mandamus to compel the police to lodge an FIR regarding a complaint dated 25.09.2024, as no action had been taken by the authorities. The court referred to the judgment in Lalita Kumari vs. Government of U.P., which emphasizes the duty of the polic...

Writ Petition – Maintainability – Constructive Res Judicata – Petitioners arrested by NIA sought habeas corpus in an earlier writ petition, which was dismissed as withdrawn – Petitioners filed a fresh writ challenging their arrest and remand orders – NIA raised the plea of constructive res judicata, arguing the present writ was not maintainable – Held: The withd...