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) SAPNA @ SAPNA CHAUDHARY ..... Petitioner Vs. MX MEDIA AND ENTERTAINMENT PTE LTD ..... Respondent D.D 09/11/2023

Arbitration and Conciliation Act, 1996 – Section 34 – Challenge to Arbitral Award – Petitioner challenges the arbitral award under Section 34 of the A&C Act – Objection to the award delivered by the Arbitral Tribunal concerning a Services and Alliance Agreement. [Para 1]   Arbitral Proceedings and Award – Disputes arising from the Services and Alliance ...

DELHI # O.M.P. (COMM) 92/2023, I.A. 3949/2023 and I.A. 3950/2023 Docid 2023 LEJ Civil Del 20

(2) BHOLI KUMAR ..... Petitioner Vs. ITO WARD 51(1) DELHI & ANR. ..... Respondents D.D 09/11/2023

Income Tax Assessment and Judicial Review – Petition against order and notice under Income Tax Act for alleged tax evasion. The case revolves around the question of whether the Revenue should continue proceedings given the small amount involved. [Para 1]   Petitioner’s Prayers for Relief – Seeking quashing of the order dated 29.07.2022 and notice dated 30.07.2022. Requ...

DELHI # W.P. (C) 4913/2023 & CM APPLN. 19009/2023 Docid 2023 LEJ Civil Del 85

(3) TAQA INDIA POWER VENTURES PRIVATE LIMITED & ANR. ..... Decree Holders Vs. NCC INFRASTRUCTURE HOLDINGS LIMITED, ..... Judgement Debtor D.D 09/11/2023

Enforcement of Foreign Award – Jurisdiction of Delhi High Court in Enforcement Proceedings – Award debtor’s contention of lack of jurisdiction due to non-residency and absence of assets in Delhi – Counter-argument of assets owed to award debtor by a company in Delhi – Court’s determination of jurisdiction based on existence of debtor’s assets within its do...

DELHI # O.M.P.(EFA)(COMM.) 1/2018 Docid 2023 LEJ Civil Del 34

(4) NARESHKUMAR LADHAJI JAT Vs. STATE OF GUJARAT D.D 09/11/2023

Criminal Appeal – Cheque Dishonour Case – Appeal against acquittal in a Section 138 NI Act case – Appellant challenges trial court's acquittal of the respondent for dishonour of a cheque worth Rs. 7 Lacs – Appeal based on the contention that the trial court erred in not considering the statutory presumption under Section 139 of the Negotiable Instruments Act. [Para 1-7]...

GUJARAT # R/CRIMINAL APPEAL (AGAINST ACQUITTAL) NO. 905 of 2023 Docid 2023 LEJ Crim Guj 12

(5) Gursewak Singh ... Appellant Vs. State of Punjab ... Respondent D.D 09/11/2023

Criminal Appeal – Regular Bail Application Dismissal  Gursewak Singh appealed against the dismissal of his regular bail application under Section 439 of Cr.P.C. by the Special Judge, Amritsar. [Para 1, 4]   Prosecution Sanction Under UAP Act  Concerns were raised about the prosecution under the UAP Act due to the absence of pre-requisite sanction from the compete...

PUNJAB AND HARYANA # CRA-D No.454 of 2021 (O&M) Docid 2023 LEJ Crim PH 72

(6) MADHUSOODANAN NAMBOOTHIRI ……..Petitioner Vs. STATE OF KERALA ……..Respondents D.D 09/11/2023

Writ Petition – Selection of Melsanthi (Head Priest) – Challenge to the selection of the 5th respondent as Melsanthi of Sabarimala Sree Dharma Sastha Temple for the year 1199 ME (2023-24) – Allegation of improper conduct in the draw of lots – Petitioner seeking a re-conduct of the selection process. [Paras 1, 7, 8]   CCTV Footage and News Item Review – Cour...

KERALA # WP(C) NO. 35545 OF 2023 Docid 2023 LEJ Civil SC 48

(7) AIR INDIA LIMITED ..... Petitioner Vs. ALL INDIA AIRCRAFT ENGINEERS ASSOCIATION ..... Respondent D.D 08/11/2023

Arbitration – Challenge to Arbitral Awards – Petitions filed under Section 34 of the Arbitration and Conciliation Act, 1996 against arbitral awards in favor of respondents concerning wage arrears claims – Presidential Directives and Settlement Memoranda considered – Tribunal's mandate to adjudicate the quantum of arrears payable from 01.01.1997 to 31.12.2007 upheld &nda...

DELHI # O.M.P. 33/2016, I.A. 10716/2016, I.A. 7625/2022 & I.A. 14936/2023, I.A. 2583/2017 & I.A. 16467/2019 & I.A. 14937/2023, I.A. 3059/2022 Docid 2023 LEJ Civil Del 69

(8) VIJAY KUMAR PANDEY AND ANR. ..... Petitioners Vs. UNION OF INDIA AND ORS. ..... Respondents D.D 08/11/2023

Public Interest Litigation (PIL) - Irregularities in the functioning of Special Olympics Bharat (SOB) - Alleged favoritism and irregularities in the selection of sportspersons for Special Olympics World Games and in the appointment of office-bearers of SOB - Violation of guidelines and regulations - SOB recognized as a National Sports Federation with specific conditions - Continuation of office-be...

DELHI # W.P.(C) 4452/2019 and CM APPL. 45957/2019 Docid 2023 LEJ Civil Del 76

(9) DARGHA NAJEEBUDDIN FIRDOUSI ..... Petitioner Vs. DELHI DEVLOPMENT AUTHORITY & ANR . ..... Respondents D.D 08/11/2023

Land Demarcation and Ownership Dispute – Challenge to the demolition process of encroachments by DDA in Mehrauli Archaeological Park – Petitioners assert ownership over properties within khasra No. 1151/3 of Village Mehrauli, disputing DDA's claim of government land – Demolition notice dated 12th December, 2022, based on demarcation report dated 21st December, 2021, contested...

DELHI # W.P.(C) 17480/2022, W.P.(C) 378/2023, W.P.(C) 1770/2023, W.P.(C) 1779-1780/2023, W.P.(C) 1845/2023, W.P.(C) 1858/2023, W.P.(C) 1861-1862/2023, W.P.(C) 1869-1871/2023, W.P.(C) 1880/2023, W.P.(C) 1882/2023, W.P.(C) 1894/2023, W.P.(C) 19471948/2023, W.P.(C) 1953/2023, W.P.(C) 2001/2023, W.P.(C) 2017/2023, W.P.(C) 2536/2023 & W.P.(C) 5359/2023. Docid 2023 LEJ Civil Del 41