Order VIII Rules 3 & 5 CPC | Silence Is Admission: State’s Failure To Specifically Deny Hiring Amounts To Acceptance: JK HC Mere Entry, Abuse Or Assault Is Not Civil Contempt – Willfulness And Dispossession Must Be Clearly Proved: Bombay High Court Magistrate Cannot Shut Eyes To Final Report After Cognizance – Supplementary Report Must Be Judicially Considered Before Framing Charges: Allahabad High Court Examination-in-Chief Alone Cannot Sustain Conviction Amid Serious Doubts: Delhi High Court Upholds Acquittal in Grievous Hurt Case Employees Cannot Pick Favourable Terms and Reject the Rest: Bombay High Court Upholds SIDBI’s Cut-Off Date for Pension to CPF Optees Cannot Reclaim Absolute Ownership After Letting Your Declaration Suit Fail: AP High Court Enforces Finality in Partition Appeal Death Due to Fat Embolism and Delayed Treatment Is Not Culpable Homicide: Orissa High Court Converts 30-Year-Old 304 Part-I Conviction to Grievous Hurt Fabricated Lease Cannot Be Sanctified by Consolidation Entry: Orissa High Court Dismisses 36-Year-Old Second Appeal Rules of the Game Were Never Changed: Delhi High Court Upholds CSIR’s Power to Prescribe Minimum Threshold in CASE-2023 Resignation Does Not Forfeit Earned Pension: Calcutta High Court Declares Company Superannuation Benefit as ‘Wages’ Under Law Fraud Vitiates Everything—Stranger Can File Independent Suit Against Compromise Decree: Bombay High Court Refuses to Reject 49-Year-Old Challenge at Threshold Mere Long Possession By One Co-Owner Does Not Destroy The Co-Ownership Right Of The Other: Madras High Court State Cannot Hide Behind An Illegal Undertaking: Punjab & Haryana High Court Questions Denial Of Retrospective Regularization Sentence Cannot Be Reduced to Two Months for Four Life-Threatening Stab Wounds: Supreme Court Restores 3-Year RI in Attempt to Murder Case Suspicion, However Grave, Cannot Substitute Proof: Apex Court Reaffirms Limits of Section 106 IEA Accused at the Time of the Statement Was Not in the Custody of the Police - Discovery Statement Held Inadmissible Under Section 27: Supreme Court Failure to Explain What Happened After ‘Last Seen Together’ Becomes an Additional Link: Supreme Court Strengthens Section 106 Evidence Act Doctrine Suicide in a Pact Is Conditional Upon Mutual Participation — Survivor’s Resolve Reinforces the Act: Supreme Court Affirms Conviction Under Section 306 IPC Participation in Draw Does Not Cure Illegality: Supreme Court Rejects Estoppel in Arbitrary Flat Allotment Case Nepotism and Self-Aggrandizement Are Anathema to a Democratic System: Supreme Court Quashes Allotment of Super Deluxe Flats by Government Employees’ Welfare Society Liberty Is Not Absolute When It Becomes a Threat to Society: Supreme Court Cancels Bail of Alleged ₹6.5 Crore Fraud Mastermind Magistrate’s Power Is Limited — Sessions Court May Yet Try the Case: Supreme Court Corrects High Court’s Misconception in ₹6.5 Crore Fraud Bail Order Dacoity Cannot Be Presumed, It Must Be Proved: Allahabad High Court Acquits Villagers After 43 Years, Citing ‘Glaring Lapses’ in Prosecution Case When the Judge Signs with the Prosecutor, Justice Is Already Compromised: MP High Court Quashes Tainted Medical College Enquiry Strict Rules Of Evidence Do Not Apply To Proceedings Before The Family Court: Kerala High Court Upholds Wife’s Claim For Gold And Money Commission Workers Cannot Claim Status of Civil Servants: Gujarat High Court Declines Regularization of Physically Challenged Case-Paper Operators Non-Wearing of Helmet Had a Direct Nexus with Fatal Head Injuries  : Madras High Court Upholds 25% Contributory Negligence for Helmet Violation Only a ‘Person Aggrieved’ Can Prosecute Defamation – Political Party Must Be Properly Represented: Karnataka High Court Quashes Case Against Rahul Gandhi

(1) Reena Kumari ...Applicant/Petitioner Vs. Ashok ...Respondent D.D 15/11/2023

Transfer Application – Matrimonial Case – Application under Section 24 CPC for transfer of case filed under Section 9 of the Hindu Marriage Act – Consideration of petitioner-wife’s socio-economic hardships and convenience for transfer of case from Bhiwani to Jind. [Para 1-2, 7-9] Judicial Principles – Transfer Petitions in Matrimonial Disputes – Reference to ...

PUNJAB AND HARYANA # TA-1411-2023 (O&M) Docid 2023 LEJ Civil PH 93

(2) Sohan Lal & others …. Petitioners Vs. State of Punjab & another …. Respondents D.D 14/11/2023

Criminal Procedure Code, 1973 (Cr.P.C.) – Section 482 – Quashing of Proceedings – Petition for quashing of criminal complaint under the SC/ST Act and IPC sections due to compromise between parties – Settlement reached out of court with no coercion or undue influence – Emphasis on the legal system’s goal to reconcile social conflicts and minimize adverse societal...

PUNJAB AND HARYANA # CRM-M No.37819 of 2021 Docid 2023 LEJ Crim PH 95

(3) Asha Latha (Appellant) Vs. Abisetti Venkata Rao (Respondent) D.D 14/11/2023

Cruelty as Ground for Divorce – Insufficient Evidence and Pleading – Family Court's grant of divorce on grounds of cruelty, not adequately pleaded in original petition or proven in trial - Respondent/husband initially filed citing desertion, later sought to amend to include cruelty – High Court in CRP No.1249 of 2014 set aside the amendment - Court's error in granting div...

TELANGANA # FAMILY COURT APPEAL No.103 OF 2016 Docid 2023 LEJ Civil Tel 18

(4) Smt. M.Naga Dhana Lakshmi ……Revisionist Vs. Smt. Premalata S. Savakoor …….Respondents D.D 14/11/2023

Civil Revision Petition – Amendment of Plaint – Specific Relief Act, 1963 – Revision against Trial Court’s order allowing amendments post evidence closure, challenged for being barred by limitation. [Paras 1-6] Amendment of Plaint – Principles for Allowing Amendments – Supreme Court guidelines in Revajeetu Builders case – Necessity, bona fide, non-preju...

TELANGANA # CIVIL REVISION PETITION No. 3336 of 2023 Docid 2023 LEJ Civil Tel 23

(5) M Suguna Devi Vs. T Raikab Chand Died D.D 10/11/2023

Civil Procedure – Restoration of Dismissed Application – Challenge to the order dismissing the restoration application for Advocate Commissioner in I.A.No. 167 of 2017 – Emphasis on fair opportunity for hearing and decision on merits. [Para 1, 7, 9, 10, 11] Legal Representation – Absence of Senior Counsel – Appellant’s application dismissed due to absence on ...

ANDHRA PRADESH # C.M.A.No.1227 OF 2018 Docid 2023 LEJ Civil AP 33

(6) S. Nagarathnamma Vs. Lakshmiparasad D.D 10/11/2023

Impleadment of Parties – Dismissal of Application for Impleadment in Property Suit – Petitioners sought to be impleaded as defendants, claiming a right over the property in question – Application dismissed by the lower court for lack of direct nexus with the main suit and for being a tactic to prolong proceedings – Revision filed against this dismissal. [Para 1-3, 5] App...

ANDHRA PRADESH # C.R.P.No.1515 of 2023 Docid 2023 LEJ Civil AP 49

(7) Thota Chittemma Vs. The State Of Andhra Pradesh D.D 10/11/2023

Habeas Corpus – Illegal Detention – Procedural Violations: Petitioner challenges detention order under Article 226, seeking release of detenue detained under A.P. Prevention of Dangerous Activities Act, 1986. Argues illegal detention due to non-inclusion of bail information. [Para 1, 5]   Detention Order Review – Bail Information Critical: Court emphasizes the necessit...

ANDHRA PRADESH # WRIT PETITION No.24885 of 2023 Docid 2023 LEJ Civil AP 25

(8) Vishwamitra Singh .... Petitioner Vs. The State of Jharkhand and Another .... Respondents D.D 10/11/2023

Writ Petition – Quashing of Order – Quashing of order dated 20.10.2023 in Dhanbad Mahila P.S. Case No.30 of 2023 under section 82 Cr.PC – Petitioner, the husband in a case under section 498A IPC, had already complied with notice under section 41A Cr.PC and appeared before the investigating officer – Petitioner's non-pressing of prayer-(a) and focusing on prayer-(b) for ...

JHARKHAND # W.P.(Cr.) No. 958 of 2023 Docid 2023 LEJ Crim Jhar 38

(9) Mahesh Minz Vs. The State of Jharkhand. etc D.D 10/11/2023

Criminal Proceedings – Quashing of Proceedings – Criminal proceedings against bank officials in a case involving missing jewelry from a bank locker quashed – Lack of evidence against petitioners, who were not sent for trial after police investigation – Alleged theft occurred, but no material implicating bank officials – Civil suit for the same incident pending. [Para ...

JHARKHAND # Cr.M.P. No. 1519 of 2009 Docid 2023 LEJ Crim Jhar 78