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Supreme Court Allows Subsidy Claim Under National Horticulture Board Scheme Due ...
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Supreme Court

Supreme Court Dissolves Marriage on Grounds of Irretrievable Breakdown, Quashes Extradition Proceedings, and Awards Permanent Alimony

20 Feb 2025

Supreme Court Exercises Powers Under Article 142 of the Constitution of India to Dissolve Marriage, Quash Litigations, and Direct Release of Impounded...

High Court

Arbitration Clause Upheld – Bombay High Court Appoints Sole Arbitrator Despite Procedural Objections

20 Feb 2025

Technical Plea on Incorrect Citation of Arbitration and Conciliation Act, 1996 – Rejected – Arbitration Proceedings to Commence Without De...

High Court

Acquisition Of Land – Right To Fair Compensation – Illegality Of Forced TDR/FSI Grant – Applicability Of The Maharashtra Regional Town Planning Act, 1966 And The Right To Fair Compensation And Transparency In Land Acquisition, Rehabilitation And Resettlement Act, 2013

20 Feb 2025

The acquisition must follow statutory requirements – In the absence of an agreement for TDR/FSI, monetary compensation under the 2013 Act is mandato...

High Court

Bombay High Court Declared Reassessment Notice Under Section 148 Of The Income-Tax Act, 1961 As Without Jurisdiction – Held That Search-Based Proceedings Should Have Been Initiated Under Section 153C

18 Feb 2025

Search-Based Reassessment – Jurisdictional Defect – Section 153C Overrides Section 147 & Section 148 – Lack Of Independent Material For Reas...

Supreme Court

Supreme Court Grants Bail to Undertrial Prisoner in UAPA Case After Five Years of Custody. Unjustified Delay in Trial Violates Right to Speedy Justice – SC Directs Release on Bail with Conditions.

14 Feb 2025

Constitution of India, 1950 – Article 21 – Right to Speedy Trial – Prolonged incarceration of an undertrial prisoner for five years without conc...

Supreme Court

Supreme Court Enhances Compensation in Motor Accident Claim Case, Emphasizes Just and Fair Compensation Under Motor Vehicles Act, 1988. Court Reiterates Principle of "Just Compensation" Beyond Claimed Amount, Modifies High Court and Tribunal Awards.

7 Feb 2025

Just Compensation – The Supreme Court reiterated the principle that compensation under the Motor Vehicles Act, 1988, should be "just" and "reasonab...

High Court

Selection Process of Managing Directors — Challenge to Introduction of Minimum Marks Benchmark — Principle of Non-Arbitrariness Upheld

7 Feb 2025

Constitution of India (COI) — Article 14 — Principle of Equality — Rules of Selection Process Cannot Be Changed Arbitrarily After Commencement �...

High Court

Bombay High Court Quashed FIR and Charge-Sheet Against Hospital Directors — Purely Civil Dispute With No Criminality Involved Tagline: No Ingredients of Cheating Established — Criminal Proceedings Termed an Abuse of Law Headnote: Acts and Sections Discussed: Constitution of India (COI) — Article 226 (Writ Jurisdiction) Code of Criminal Procedure, 1973 (CrPC) — Section 482 (Inherent Powers of High Court) Indian Penal Code, 1860 (IPC) — Section 418 (Cheating With Knowledge), Section 420 (Cheating and Dishonest Inducement), Section 34 (Acts Done by Several Persons in Furtherance of Common Intention) Keywords:Writ Jurisdiction — Quashing of FIR — Commercial Transaction — Civil Suit — Non-Payment of Dues — Abuse of Process — No Criminal Offence Nature of the Litigation:Writ Petition filed under Article 226 of the Constitution of India seeking quashing of FIR and charge-sheet. Petitioners’ Relief Sought:Quashing of FIR No.98 of 2020 lodged at Bhosari Police Station and the charge-sheet arising from it. Reason for Filing the Case:Allegations of non-payment of professional dues and financial aid advanced to the hospital. Prior Decisions:Special Civil Suit No.1161 of 2018 filed by the complainant for recovery of Rs.53,11,652/- was pending before the Civil Judge, Senior Division, Pune. Issues:Whether the dispute between the parties was of a civil or criminal nature, and whether criminal proceedings were maintainable alongside a pending civil suit. Submissions/Arguments:(a) Petitioners: FIR related to events preceding their control of the hospital — No criminal intention or inducement established — Civil suit already instituted for the same financial claims. (b) Respondents: Civil and criminal proceedings can proceed simultaneously — Alleged WhatsApp messages demonstrated promises to clear dues. Decision:FIR and charge-sheet quashed — Court held that the case was purely civil in nature, with no elements of cheating or criminality — Proceedings deemed an abuse of process of law. Ratio:No criminal offence was made out against the petitioners — Allegations of non-payment related to a period before the petitioners took control of the hospital — Civil remedy already sought by the complainant — No dishonest inducement proven as required under Sections 415 and 420 of IPC. Relevant Paragraphs:Paras 9, 10, and 11 of the judgment outline the court’s rationale for quashing the FIR and charge-sheet.

4 Feb 2025

FIR and charge-sheet quashed — Court held that the case was purely civil in nature, with no elements of cheating or criminality — Proceedings deem...

Supreme Court

Rights of Persons with Disabilities – Reasonable accommodation in examinations – Facility of scribe and compensatory time extended to all disabled candidates.

3 Feb 2025

Constitution of India, 1950 – Article 32 – Writ jurisdiction invoked for enforcing rights under the Rights of Persons with Disabilities Act, 2016 ...

Supreme Court

Acquittal in Dowry Death Case – Supreme Court Quashes Conviction for Lack of Evidence. Failure to Prove Cruelty or Harassment Soon Before Death – Acquittal of Husband in Dowry Death Case.

31 Jan 2025

Section 304-B, Indian Penal Code, 1860 – Dowry Death – Essential Ingredients – Section 113-B, Indian Evidence Act, 1872 – Presumption of Dowry...

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