Procedural Lapses and Prolonged Incarceration Justify Bail Under NDPS Act: Bombay High Court Mere Non-Deposit of Sale Balance Is Not Fatal to Specific Performance Claims: Andhra High Court Justice Requires Insurance Company to Pay and Recover: Calcutta High Court on Fatal Accident Case IBC Moratorium Nullifies Vicarious Liability Under Section 138 of NI Act: Delhi High Court Fraud Unravels All: Partition Decree Set Aside for Suppressing Rights of Co-Owners: Madras High Court Matters of Evidence Must Be Examined at Trial, Not Preemptively Quashed: Kerala High Court Declines Quashment Leave Encashment Is a Property Right and Cannot Be Denied Without Statutory Authority: Gujarat High Court Widow's Right to Deceased Husband’s Property Ceases Upon Remarriage Before 1956: Himachal Pradesh High Court No Reassessment of Departmental Inquiries by Courts, Orders Interest on Delayed GPF Payments: P&H High Court Investigations Initiated Before BNSS, 2023, Must Proceed Under Cr.P.C., 1973: Rajasthan High Court Third-Party Objector’s Locus Standi in Criminal Cases Must Have a Bona Fide Connection: Madhya Pradesh High Court Amendments After Trial Commences Barred Without Demonstration of Due Diligence - Contradictory Claims Cannot Be Permitted: Punjab & Haryana High Court Double Presumption of Innocence in Appeals Against Acquittals Must Be Respected: Himachal Pradesh High Court Upholds Acquittal in Rape and Carnal Intercourse Case Provisional Release Not Prejudice Revenue Interests: Kerala High Court Permits Provisional Release of Seized Goods Under GST Act GST Registration Cannot Be Cancelled Retrospectively Without Objective Criteria:  Delhi High Court Neither the Statutory Framework nor Lease Terms Compel Conveyance of Property: Supreme Court Owner Can Avoid Confiscation Under NDPS by Proving Lack of Knowledge or Connivance in Illicit Use of Vehicle: Supreme Court Court is Expert of Experts: High Court Upholds Right to Rebuttal Evidence in Will Dispute Exceptional Circumstances Warrant Use of Inherent Powers to Reduce Sentences in Non-Compoundable Offenses: Supreme Court

"Writ Law" Digest

  Criminal Law - Writ of Mandamus and Transfer of Investigation -  Writ petition filed under Article 226 of the Constitution of India seeking to transfer investigation of Crime No. 212/2024 from Mannanthala Police Station to a higher-ranking officer, preferably of IPS cadre - Petitioner, a healthcare professional, alleges biased investigation due to political influence - Court finds o...

Writ Petition & Subject Matter – Petition filed against the order by Commissioner, Revenue Division District Ujjain, which petitioners claim to be illegal under Section 10(5) and 10(6) of the Urban Land (Ceiling and Regulation) Act 1976 – Sought for quashment and other consequential reliefs. [Para 2] Prior Proceedings & Remand – Initial writ petition allowed, influence...

Rowdy Sheet - Legality of keeping rowdy sheet open against the petitioner - Petitioner's challenge to the action of respondents - Allegation of the action being illegal, arbitrary, and violative of Articles 14, 19, and 21 of the Constitution of India - Petition seeks closure of the rowdy sheet. [Para 1-2]   Background - Four criminal cases registered against the petitioner - Two cas...

Sexual Harassment at Workplace – Implementation of POSH Act – Writ Petition seeking directions to ensure compliance with POSH Act by constituting ICC – Court directs Respondent No.1 to take action as per POSH Act – ICC constituted, proceedings initiated but delayed – Petitioner’s identity to be protected – Directions issued for further proceedings despite ...

Constitutional Law - Article 226 - Writ of Certiorarified Mandamus - Nativity Certificate - Minor petitioner represented by his natural guardian applied for a Nativity Certificate to pursue higher studies in Tamil Nadu - Application rejected by the Zonal Deputy Tahsildar on grounds of non-residence and birth outside the state - High Court quashes the order and directs issuance of the Nativity Cert...

Criminal Law – Offences under Sections 354, 294(b), 323 IPC and Section 4(1)(i) of Kerala Healthcare Service Persons and Healthcare Service Institutions (Prevention of Violence and Damage to Property) Amendment Act, 2023 – Petition for transfer of investigation and anticipatory bail – High Court’s dismissal of bail application and writ petition – Importance of custodi...

Two writ petitions involved the eligibility of Zydus Wellness Products Limited and Alkem Laboratories Limited for budgetary support under the Budgetary Support Scheme introduced for eligible manufacturing units in Sikkim under various Industrial Promotion Schemes. The central issue was whether changes in ownership and constitution disentitled these units from availing budgetary support. [Para 1-6]...

Writ - Criminal Law – Offence under Section 304(A) IPC for Causing Death by Negligence – Petition for Return of Seized Driving License – The petitioner, K. Perumal, drove a bus involved in a fatal accident, resulting in the registration of a case under Section 304(A) IPC. The second respondent police seized the petitioner's driving license and handed it to the first responden...

Public Interest Litigation (PIL) - Petitioner highlights the inaction of the University Grants Commission (UGC) regarding unspecified courses in universities/institutions/colleges - Petitioner seeks various reliefs related to standardization of degree nomenclature and accountability of UGC officials. [Para 1-3]   Lapses and Inconsistencies - Petitioner argues that the lack of adherence ...

Criminal Law – Right to Access Documents under CrPC and POCSO Act – Affidavit Requirement by Special Judge – Held Unwarranted – Accused’s Right to Certified Copies Upheld – The High Court of Kerala quashed the order of the Special Judge directing the petitioner’s counsel to file an affidavit stating that the copy of the statement recorded under Section 164...