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

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...

Transplantation of Human Organs – Mandamus issued – Compliance with Authorisation Committee Procedures and Safeguarding Donors' Rights.   Transplantation of Human Organs – Writ petitions filed seeking mandamus directing the respondents to consider the petitioners' representations for kidney transplantation approval – Petitioners facing renal failure, with...

Pension Dispute – Excess Payment Recovery – Challenged through Writ of Certiorarified Mandamus – Petitioner challenged government order demanding recovery of excess pension payments alleging no opportunity for representation was given and asserting recovery as arbitrary due to lack of any misrepresentation or fault on part of the pensioner – High Court set aside recovery or...

Criminal Law - Parole - Grant of Parole for Filing SLP - Petition filed under Article 226 of the Constitution read with Section 482 Cr.P.C. for quashing rejection order of parole application - Petitioner convicted under Sections 302, 326, 452, 147, 148, 149 IPC and sentenced to life imprisonment - Parole sought to engage counsel for filing SLP before Supreme Court - Rejection of parole by competen...

Violation of Natural Justice – Reversion from IG to DIG without a proper hearing – Petitioners reverted as per orders dated 31.03.2023 without being given a subsequent opportunity for a hearing after initial postponement – Initial show cause notice dated 17.09.2021 followed by multiple notices and a scheduled hearing which was postponed due to non-availability of the Chief Minist...

Administrative Law – Writ of Mandamus – Commercial Circular No. 61 of 2017 – Petitioners, operating multipurpose stalls at railway stations, challenged Clauses 5 and 11 of the 2017 Policy as arbitrary and unconstitutional – Sought renewal of licenses in light of the Supreme Court judgment in South Central Railways – Court held the 2017 Policy was non-arbitrary and the...

Industrial Disputes Act, 1947 – Section 10(1)(c) – Reference to Labour Court – Principle of Res Judicata – Applicability – High Court examined the Labour Court's decision, which declined the petitioner’s reinstatement claim based on res judicata, as previous matters had been adjudicated by the Central Administrative Tribunal (CAT) and the Central Government ...

Non-delivery of Possession – Petitioner not provided possession of flat despite full payment – Respondent offered inadequate temporary solutions and refunds without interest – Court highlighted plight of petitioner who invested life savings and faced severe accommodation issues – Writ petition allowed with direction for full refund with interest and compensation for mental ...

Education Law – Promissory Estoppel – Legitimate Expectation – Return of Applications for Special Education Courses – RCI’s Decision – Judicial Review – Writ Petitions Against RCI Circulars   Representation and Reliance - Circulars issued by RCI invited fresh proposals from institutions for conducting special education courses for the academic s...

Constitutional Law - Right to Property - Writ Petition under Article 226 – Petition challenging unauthorized construction of a road on private land - Article 300-A and human rights considerations - State cannot dispossess a citizen of property without legal sanction and compensation - The State's claim of adverse possession against a private individual is untenable - Held, construction o...