Desertion and irretrievable breakdown of marriage, sustained for over two decades, constitute mental cruelty: Allahabad High Court Dissolves 34-Year-Old Marriage Acquittal in Criminal Case Must Prompt Review of Dismissal: Telangana High Court There Must Be an Intention to Provoke or Drive the Victim to Commit Suicide: High Court Discharges Accused in Abetment of Suicide Case Suspicious Circumstances Must Be Resolved Even After Valid Execution of Will: Supreme Court Procedural Rules Cannot Obstruct Access to Justice: Litigants Should Not Suffer for Counsel's Negligence: Supreme Court Restores Suit Dismissed Ex-Parte Writ Jurisdiction Cannot Be Used to Reappreciate Evidence or Reverse Well-Founded Factual Findings: Supreme Court IBC | Corporate Guarantee Under Hypothecation Deeds Qualifies as Financial Debt: Supreme Court Beneficial Legislation Must Be Interpreted Purposively to Protect the Rights of Senior Citizens: Supreme Court Quashes Gift Deed Executed by Senior Citizen Attempt Must Go Beyond Preparation: Rajasthan High Court Alters Conviction in 33-Year-Old Case Punjab & Haryana High Court Directs Aided Institution to Pay Leave Encashment to Retired Employees Kerala High Court Allows Review Petitions in Custody Dispute, Recalls Earlier Judgment Granting Interim Custody to Father Copyright in Sound Recordings Must Be Protected: Delhi High Court in Interim Injunction Grounds of Arrest Must Be Served in Writing, But Remand Report Can Satisfy Constitutional Mandate: Andhra Pradesh High Court

"Writ Law" Digest

Prevention of Money Laundering Act (PMLA) – Powers of the ED – Communication to Third Parties – Judicial Review – The Court examined the scope of ED’s authority under Section 66(2) of the PMLA. The petitioner contended that ED overstepped its statutory powers by coercing the petitioner’s customers to file criminal complaints through a questionnaire. However, the...

Civil Law - Public Premises – Eviction of Tenant – Petition under Articles 226/227 of the Constitution – Petitioner challenged the eviction orders, claiming tenancy rights over land owned by the Municipal Committee, Mahendergarh, since 1963-64, and argued that eviction based on non-payment of rent was unjustified as he was willing to pay the arrears. The Court dismissed the petit...

Tender Process – Validity – Technical Bid Requirements – Petitioners challenged the tender process, alleging that the successful L-1 consortium did not meet the required stockholding conditions and that there was no physical inspection of stock as mandated under the e-bid document – Court held that the stockholding requirement was satisfied based on the evidence presented b...

Service Law – Deputation – Requirement of Consent – Article 226 – Rule 11 of Haryana Lokayukta (Functions, Powers, Inquiry and Investigation) Rules, 2008 – Petitioner directed to join as Private Secretary on deputation basis – Deputation requires tripartite consent involving parent department, borrowing authority, and deputationist – Petitioner did not exp...

Fiscal Legislation – Constitutional Validity – Sabka Vishwas Scheme – Writ petition challenging Sections 124(2) and 130(2) of the Finance (No. 2) Act, 2019 as ultra vires and unconstitutional – Provisions precluding refund of excess deposits under the scheme – Scheme aimed at reducing legacy litigation and encouraging voluntary disclosure of evaded taxes – Held,...

Constitutional Law - Writ Petition - Suppression of Material Facts - Criminal Antecedents - Petition seeking quashing of verbal orders not to report for duty and preventing replacement by another contractual employee—Petitioner failed to disclose involvement in a criminal case (FIR No. 178 dated 30.03.2017 under Sections 306, 420, and 406 IPC) and custody from 06.04.2017 to 13.09.2017—...

Presumption of Truth in Revenue Records – Dismissal of Writ Petition – Writ petition challenging the appellate authority's decision that overturned the Collector's order declaring the petitioner and proforma respondents as owners of disputed land – The appellate authority found no evidence to substantiate the claim of possession prior to 26.01.1950 – Presumption of ...

Service Law - Annual Increment - Disabled Employee - Petition under Article 226 - Challenge to denial of annual increment due to non-clearance of type test - Petitioner 60% disabled and locomotor disabled - Government instructions grant exemption to handicapped employees from passing type test - Authority failed to consider disability and applicable instructions - Impugned order set aside - Direct...

Arms Act – Renewal and Cancellation of Licence – Quasi-Judicial Decisions – Writ petition challenging the orders canceling the petitioner’s arms licence and dismissing the appeal against the cancellation. The cancellation was based on the petitioner’s involvement in three FIRs, despite acquittal in all cases. Held, the cancellation order and the appellate order were n...

Right to Travel Abroad - Issuance of LOC - Writ petition challenging the LOC issued against the petitioner by the Bureau of Immigration at the instance of UCO Bank - Held, right to travel abroad flows from Article 21 of the Constitution, and a high threshold is required to deny this right - LOC cannot be issued merely on the grounds of being a willful defaulter without any cognizable offence - Pet...