LatestLaws.com's Monthly Digest (Mar,2026)
Get monthly updates on landmark decisions on the Constitution, Arbitration, Insolvency and Bankruptcy Laws, Company Law, Intellectual Property Rights, Criminal Law, Marriage and Divorce laws, and much more in one place with LatestLaws.com's Monthly Digest, exclusively for you! Stay updated, Good People, with LatestLaws.com!
A. ADMINISTRATIVE CASES
1. Mere possession of Mobile Phone in Exam Hall attracts Strict Penalty under CBSE Rules, says HC, Read Judgment
Recently, the Karnataka High Court held that mere possession of a mobile phone inside an examination hall can attract stringent penalties under the Central Board of Secondary Education’s (CBSE) Unfair Means (UFM) regulations, even if the device was not used during the examination. The Court overturned a Single Judge’s order that had granted relief to the student and directed the declaration of his results. Emphasising institutional autonomy in academic regulation, the Court observed that when an expert body consciously categorises an act as misconduct, courts cannot dilute the rule by substituting their own opinion.
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2. Retirement does not Automatically ends an ongoing Disciplinary Proceeding, Rules SC, Read Judgment
Recently, the Supreme Court held that disciplinary proceedings initiated during service can validly continue even after an employee’s retirement, provided the governing service rules expressly permit such continuation. Emphasising the legal fiction embedded in service regulations, the Court observed that an employee is deemed to remain in service for the limited purpose of concluding such proceedings, ensuring that misconduct does not escape scrutiny merely due to superannuation.
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3. Married Daughter in matrimonial home not eligible for Compassionate Appointment, says HC, Read Judgment
Recently, the Karnataka High Court declined to extend the benefit of compassionate appointment to a married daughter residing in her matrimonial home, reaffirming the restrictive contours of such claims under service jurisprudence. Clarifying the underlying object of the scheme, the Court emphasised that compassionate appointment is intended solely to alleviate the immediate financial hardship of a dependent family following the employee’s death, and cannot be invoked as a matter of right or as a form of succession.
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4. 498A IPC Conviction not per se Moral Turpitude, requires contextual scrutiny, says HC, Read Judgment
Recently, the Punjab and Haryana High Court, exercising its writ jurisdiction under Article 226 of the Constitution of India, set aside the discharge of a bank officer convicted under Section 498-A IPC, holding that such a conviction does not automatically amount to an offence involving moral turpitude warranting termination from service. The Court underscored that administrative authorities cannot act mechanically on conviction alone, observing that “the law does not proceed on sweeping generalities… it demands a fact-sensitive inquiry.”
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5. High Court declares Liquor Trade no Fundamental Right, holds renewal cannot undo Statutory Violations, Read Judgment
Recently, the Madhya Pradesh High Court delivered a significant ruling upholding the suspension of eight excise licenses held by Som Distilleries Pvt. Ltd. and Som Distilleries and Breweries Pvt. Ltd., categorically rejecting the distillery group's attempt to escape regulatory consequences by sheltering behind license renewals and suspended criminal sentences. Justice Vivek Agarwal anchored the decision in a foundational constitutional reality, observing that "liquor business is not a fundamental right and secondly, when the test of proportionality is applied, then on that touchstone also, decision of the authority being within the framework of the Excise Act and the Rules framed thereunder, cannot be faulted with."
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6. Bipolar disorder | Medical diagnosis alone not enough for Transfer Protection, rules HC, Read Judgment
Recently, the Delhi High Court upheld the transfer of a Kendriya Vidyalaya teacher, observing that bipolar disorder, in the absence of proof of benchmark disability, does not qualify under the medical disability clause of the applicable transfer policy. The Court emphasised that entitlement to special accommodation must rest on demonstrable statutory thresholds, not merely on medical diagnosis.
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7. Dismissal cannot be imposed without Calibrated Reasoning, proportionality must guide penalty, rules HC, Read Judgment
Recently, the Delhi High Court declined to interfere with the findings of misconduct recorded in a departmental enquiry against a senior bank official but intervened on the limited ground of proportionality, directing reconsideration of the punishment of dismissal imposed on the eve of his retirement. While upholding the enquiry process and findings, the Court underscored a crucial principle, punishment must reflect calibrated reasoning, not merely the gravity of allegations, especially when it carries irreversible civil consequences.
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B. ARBITRATION CASES
1. Arbitration & Conciliation | HC clarifies scope of Section 9 Interim Relief: Foreign Award becomes Decree only after Court’s Positive Affirmation, Read judgment
Recently, the Bombay High Court held that the jurisdiction to grant interim measures under Section 9 of the Arbitration and Conciliation Act, 1996, (hereinafter referred to as ‘the Act’) is not extinguished merely because proceedings have been initiated for recognition and enforcement of a foreign arbitral award under Part II of the Act. The Court clarified that interim protection may continue until the foreign award is positively recognised and declared enforceable as a decree under Section 49 of the Act. Emphasising the legislative scheme, the Court observed that a foreign award becomes a decree only upon a positive affirmation by the Part II Court, unlike a domestic award, which automatically acquires such status under Section 36.
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C. Banking and Finance Law Case
1. Reserve Price in amenable to Judicial Scrutiny even if Auction Sale Confirmation Letter is issued, Rules SC, Read Judgment
Recently, the Supreme Court held that the confirmation of an auction sale does not completely shield the process from judicial scrutiny when credible concerns arise regarding the adequacy of valuation or fixation of the reserve price. The Court examined a challenge raised by a successful auction purchaser against the Madras High Court’s decision directing reconsideration of the valuation of the auctioned properties by the Debt Recovery Tribunal (DRT). Emphasising the balance between finality of judicial sales and fairness in recovery proceedings, the Court observed that the purpose of such proceedings is “not merely to complete the sale but to realise the maximum value of the secured asset.”
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2. Bank has No Business to make Payments without Account Holders instructions, Rules SC, Read Judgment
Recently, the Supreme Court held that banks are strictly bound by customer instructions and cannot unilaterally divert funds, while also affirming that a guarantee creates an independent and enforceable liability, in the case involving Canara Bank and Archean Industries Pvt. Ltd. The Court emphasised a crucial principle, financial institutions cannot override customer mandates under the guise of internal or regulatory considerations.
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D. CIVIL LAW CASES
1. HC says Order XII Rule 6 CPC cannot bypass Trial where Facts are seriously Disputed, Read Judgment
Recently, the Delhi High Court declined to grant a preliminary decree of partition in a family property dispute, holding that a “judgment on admissions” under Order XII Rule 6 of the Code of Civil Procedure cannot be invoked where material facts remain contested. The Court ruled that when a registered Will has already demarcated property shares and factual disputes persist, the matter must proceed to trial. In doing so, the Court underscored a crucial principle: a decree on admissions is permissible only when the admission is clear, unequivocal, and leaves no real issue for adjudication.
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2. Clients cannot bear the Brunt of Counsel’s Mistakes, rules HC, Read Judgment
Recently, the Andhra Pradesh High Court clarified that a counsel holding a valid vakalatnama can file affidavits and applications on behalf of a client to restore appeals dismissed for default, even when delays occur. The Court emphasized that “for the fault of the agents, the clients should not suffer,” highlighting the responsibility of the lower courts to consider merits over procedural technicalities.
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3. ‘Legal Fiction must stay within its Legitimate Field’: SC says State Bifurcation alone doesn’t Convert Cooperative Societies into Multi-State Entities, Read Judgment
Recently, the Supreme Court clarified the legal status of certain cooperative societies following the bifurcation of the erstwhile State of Uttar Pradesh and the creation of Uttarakhand. The Court held that Sugarcane Growers Cooperative Societies in Bajpur and Gadarpur could not automatically be treated as Multi-State Cooperative Societies merely because state reorganisation temporarily placed their areas of operation in two different states. Emphasizing statutory interpretation, the Court observed that the deeming fiction under the Multi-State Cooperative Societies Act, 2002 cannot override the statutory framework established under the Uttar Pradesh Reorganisation Act, 2000.
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4. SC says Minority Shareholders cannot undo Valid Capital Reduction, Read Judgment
Recently, the Supreme Court upheld the validity of a reduction of share capital carried out by Bharti Telecom Limited under Section 66 of the Companies Act, 2013, rejecting a challenge brought by minority shareholders in Pannalal Bhansali v. Bharti Telecom Limited & Ors. The Court affirmed the decisions of the National Company Law Tribunal (NCLT) and the National Company Law Appellate Tribunal (NCLAT), holding that the capital reduction process and valuation of shares were lawful. Emphasising judicial restraint in matters of financial valuation, the Court observed that valuation is primarily a matter for experts and courts should interfere only when the process is shown to be manifestly unfair, fraudulent, or illegal.
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5. Title Dispute can't be Decided during Probate Proceedings, Rules HC, Read Judgment
Recently, the Bombay High Court drew a firm jurisdictional boundary around probate proceedings, holding that they cannot be transformed into arenas for adjudicating disputes over title or ownership. The Court emphasised that a challenge premised on the testator’s lack of ownership falls outside the very scope of probate inquiry, rendering such objectors strangers to the proceedings. Strengthening the limited and specialised nature of testamentary jurisdiction, the Court cautioned that allowing such pleas would fundamentally distort the purpose of probate and unsettle the settled framework of succession law.
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6. Earning Interest on Bank Deposits is Not a Commercial Activity, Rules SC, Read Judgment
Recently, the Supreme Court held that mere earning of interest on bank deposits does not by itself render the transaction a commercial purpose under the Consumer Protection Act, 1986, while simultaneously affirming that disputes involving allegations of fraud fall outside the scope of consumer jurisdiction. The Court emphasised that the true test lies in the dominant purpose of the transaction, cautioning that consumer fora are not equipped to adjudicate complex factual controversies involving fraud and forgery.
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7. Forfeiture of Earnest Money unsustainable where Seller Lacks Clear Title, holds HC, Read Judgment
Recently, the Bombay High Court dismissed an appeal arising out of a long-running contractual dispute between a cooperative credit society and a charitable trust concerning the forfeiture of earnest money in a failed land transaction at Dhule. The Court upheld the concurrent findings of the trial and appellate courts directing a refund of ₹2 lakh with interest, holding that the plaintiffs were consistently ready and willing to perform their contractual obligations. Significantly, the Court emphasised that forfeiture cannot be justified where the seller itself fails to establish a clear title to the property.
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E. CONSTITUTIONAL CASES
1. Police should preserve Video of Settlements to avoid Allegations of Coercion, says High Court, Read More
Recently, the Orissa High Court declined to entertain a criminal miscellaneous petition seeking directions against alleged police harassment and an independent inquiry into the conduct of police officials in connection with a dispute between a gym customer and the gym owner. The Court held that when the petitioner had already pursued remedies before statutory bodies like the Odisha Human Rights Commission and the State Information Commission, and had not challenged those orders, the extraordinary jurisdiction under Article 226 of the Constitution could not be invoked for similar reliefs. While disposing of the matter, the Court delivered a significant caution, observing that amicable settlements facilitated by police must always be voluntary and free from pressure or threats.
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2. Judgments shall not silence Unheard: SC clarifies remedy for Non-Parties, Read Judgment
Recently, the Supreme Court held that persons who were not parties to earlier proceedings but are adversely affected by a judgment are not left remediless and may seek review or challenge the decision before the appropriate forum. The Court also clarified that judicial decisions affecting service rights cannot unsettle benefits already granted by the Court itself. Significantly, the Bench cautioned that those prejudiced by a judgment passed without hearing them must be given a legal avenue to ventilate their grievances.
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3. RPwD Act ensures Inclusion, not Exclusion: Supreme Court says Higher Disability can’t bar Public Employment, Read Judgment
Recently, the Supreme Court held that the Rights of Persons with Disabilities Act, 2016 prescribes only a minimum threshold for reservation eligibility and does not permit the State to impose an upper limit excluding persons with higher degrees of disability. Setting aside the High Court’s ruling, the Court directed the appointment of a 90% locomotor-disabled candidate as Assistant District Attorney, emphatically observing that eligibility must turn on functional ability, not the percentage of disability alone.
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4. Judicial orders passed by Civil Courts are not amenable to writ jurisdiction under Article 226, says HC, Read Judgment
Recently, the Orissa High Court held that any order passed by a judge on a matter not assigned under the roster is inherently without jurisdiction and legally unsustainable. Addressing a challenge arising from interference with execution proceedings, the Court emphasised the centrality of the Chief Justice’s role as the “master of the roster” and cautioned that any judicial overreach beyond assigned subject matters strikes at the very foundation of institutional discipline and validity of judicial orders.
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5. Dignity of the Court and Ego of the Judge are not the same thing: HC cautions against Weaponising Contempt Jurisdiction, Read Judgment
Recently, the Rajasthan High Court drew a sharp line between criticism and contempt, dismissing a criminal contempt reference while holding that statements made against a judicial officer during an official inquiry would not attract contempt unless they are intended to scandalise the institution or obstruct the administration of justice. In a significant clarification of the law’s limits, the Court emphasised that contempt jurisdiction is not a shield for individual judges against criticism, but a safeguard for preserving the credibility and authority of the judiciary as a whole.
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6. A Sluggish Server and a Wrong Drop-Down cannot End a Meritorious Career: HC slams pedantic approach in rejecting SSC candidate over Domicile Entry Mismatch, Read Judgment
Recently, the Madhya Pradesh High Court set aside the rejection of an SSC candidate’s candidature, holding that a mere technical error in an online application cannot be equated with suppression of material facts. The Court emphasised that recruitment rules meant to curb fraud cannot be applied mechanically to defeat the career of a bona fide and meritorious candidate.
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7. 'Arrest without Lawful Notice strikes at very foundation of Constitutional Liberty': HC convicts Cop for Contempt over invalid WhatsApp Service under Section 41A CrPC, Read Judgment
Recently, the Rajasthan High Court delivered a significant ruling on the sanctity of procedural safeguards against arbitrary arrest, convicting a police officer for contempt of court after he arrested a citizen solely on the basis of a WhatsApp message, without serving a legally valid notice as mandated under Section 41A of the Code of Criminal Procedure. Justice Praveer Bhatnagar, authoring the judgment, drew a firm constitutional line, holding that a WhatsApp intimation cannot, in any circumstances, substitute for a notice served in accordance with law, and that any arrest made in its absence strikes directly at the constitutional guarantee of personal liberty.
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8. 'Lawyers have Dignity, Cannot be treated like a Servant', says HC, Read Judgment
Recently, the Rajasthan High Court set aside the removal of Assistant Advocates engaged by the Jaipur Development Authority, holding that such disengagement was arbitrary and contrary to the governing terms of engagement. The Court made a sharp observation that lawyers cannot be treated like servants and their engagement or removal must follow fair, reasoned procedures.
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F. CRIMINAL LAW CASES
1. Criminal Justice System cannot be set in motion for Roving Inquiry when No Offence is Disclosed, says HC, Read Judgment
Recently, the Bombay High Court quashed a CBI FIR alleging cheating and corruption against GTL Infrastructure Limited, holding that criminal proceedings cannot be sustained where no offence is disclosed and the investigation itself rests on speculation. The Bench also cautioned against investigative overreach, observing that the criminal justice machinery “cannot be put in motion for making a roving inquiry.”
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2. Administrative Grievances cannot be turned Into Criminal Conspiracy against Judges, rules HC, Read Judgment
Recently, the Chhattisgarh High Court quashed a criminal complaint filed against the then Chief Justice of the High Court, a sitting judge, and several members of the higher judicial service, holding that the allegations were vague, speculative, and devoid of any material particulars. The Court examined whether criminal proceedings could be sustained on the basis of mere suspicion and conjecture. Emphasising the gravity of summoning constitutional functionaries to criminal proceedings, the Court observed that criminal law cannot be permitted to be invoked as a tool of harassment or to ventilate administrative grievances under the guise of prosecution.
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3. ‘Bribe’ can qualify as ‘Proceeds of Crime’, HC says Belated Arrest Challenge cannot bypass Sec 45 PMLA, Read Judgment
Recently, the Bombay High Court held that courts must exercise extreme caution while reviewing arrests made under the Prevention of Money Laundering Act, 2002 (PMLA) and should interfere only when there is manifest arbitrariness or gross violation of statutory safeguards. Consequently, the Court declined to invalidate the petitioner’s arrest by the Enforcement Directorate (ED). Emphasising the limited scope of judicial review in such matters, the Court observed that the sufficiency or adequacy of material forming the basis of an arrest cannot be scrutinised in depth at the early stage of investigation.
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4. Electronic Evidence can't be Relied without Sec.65B Evidence Act Certificate, Rules SC, Read Judgment
Recently, the Supreme Court held that Call Detail Records (CDRs) cannot be relied upon in criminal trials unless accompanied by the mandatory certificate under Section 65-B of the Indian Evidence Act, setting aside the conviction of an accused in a murder case. The Court found that the prosecution’s case rested on inadmissible electronic evidence and unreliable recoveries. Emphasising the mandatory nature of statutory safeguards governing electronic records, the Court observed that “in the absence of the certificate… the call detail records become inadmissible in evidence and cannot be relied upon to support the prosecution’s case.”
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5. Investigations directed by Public Perception leads to Injustice, Rules SC, Read Judgment
Recently, the Supreme Court cautioned that an overzealous investigation can be as damaging to justice as a negligent one, while dismissing an appeal challenging the acquittal of a son and his wife, accused of murdering his elderly parents in a house fire. The Court affirmed the High Court’s acquittal after finding serious investigative lapses and unreliable dying declarations. The Court observed that “framing a case on public perceptions and personal predilections ends up in a mess, often putting to peril an innocent and always letting free the perpetrator.”
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6. Magistrate cannot order Detention for Breach of Interim Bond pending inquiry, rules HC, read Judgment
Recently, the Calcutta High Court set aside an order of an Executive Magistrate directing the detention of an accused after cancelling an interim good behaviour bond in proceedings initiated under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). The Court held that preventive powers must be exercised strictly within the statutory framework and that an interim bond executed during a pending inquiry cannot be treated as a final security bond for the purpose of ordering imprisonment. Emphasising the safeguards surrounding personal liberty, the Court cautioned that preventive jurisdiction cannot be invoked mechanically without following the procedure mandated by law.
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7. Courts cannot Infer Facts by ‘Putting words in Witness’s Mouth', says High Court while quashing Death Sentence, Read Judgment
Recently, the Calcutta High Court set aside the conviction and death sentence imposed on a man accused of murdering a political worker during a local election clash, holding that the prosecution had failed to prove the case beyond a reasonable doubt. The Division Bench found grave flaws in the trial court’s appreciation of evidence and investigation, remarking that the trial judge had effectively “put words in the mouth of the said witness” while evaluating testimony.
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8. Mere storing Child Sexual Abuse Material in Phone sufficient to attract POCSO Act, Rules HC, Read Judgment
Recently, the Karnataka High Court refused to quash criminal proceedings against a man accused of storing child sexual abuse material on his mobile phone, holding that mere storage of such content can attract offences under Section 15 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) and Section 67B of the Information Technology Act, even without proof of actual transmission. The Court emphasised that “it is not transmission alone, but even storage of child pornographic content which has the capacity of being transmitted, which would become an offence.”
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9. Forensic Report can't be Relied unless Expert Examined as a Witness, Rules HC, Read Judgment
Recently, the Bombay High Court held that failure to examine forensic experts whose reports are relied upon during trial can vitiate the entire proceedings, emphasising that courts must ensure crucial scientific witnesses are examined to ascertain the truth. The Court observed that reliance on forensic reports without examining their authors deprives the accused of a fair opportunity of cross-examination and amounts to a failure of justice.
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10. Mere Delay in Trial Not a ground to seek Bail in Anti Terror Cases, Rules HC, Read Judgment
Recently, the Jharkhand High Court refused to grant bail to an accused charged under the Unlawful Activities (Prevention) Act, holding that mere delay in trial or prolonged incarceration cannot by itself justify release on bail in cases involving grave offences affecting national security. The Division Bench of Justice Sujit Narayan Prasad and Justice Gautam Kumar Choudhary emphasised that statutory restrictions under Section 43D(5) of the UAPA prevail when the allegations appear prima facie true.
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11. NDPS Act | Accused cannot be given option of Search before Police Officer under Section 50: Supreme Court, Read More
Recently, the Supreme Court upheld the acquittal of an accused in a narcotics case under the Narcotic Drugs and Psychotropic Substances Act, 1985, affirming that procedural safeguards under the law cannot be diluted. The Court refused to interfere with the Himachal Pradesh High Court’s decision, emphasising that any deviation from mandatory safeguards, especially under Section 50, can render the entire prosecution unsustainable. In a significant observation, the Court reiterated that failure to strictly comply with statutory safeguards strikes at the root of the prosecution’s case.
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12. SC Explains: Sec.173(3) BNSS is a Safeguard Against Registration of False FIRs, Read Judgment
Recently, the Supreme Court held that Section 173(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as 'BNSS'), acts as a safeguard against the mechanical registration of FIRs on vague and speculative allegations. The Court emphasised that criminal law cannot be set in motion on uncertain and unverified claims, particularly where the statute itself mandates a preliminary scrutiny.
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13. Lack of Guidelines on Medical Opinions harming Criminal Trials, Rules HC, Read Judgment
Recently, the Rajasthan High Court, while considering a bail application, held that vague and speculative medico-legal opinions can significantly undermine the fairness of criminal trials, and directed the State to frame uniform guidelines for medical reporting in criminal cases. The Court noted that ambiguities in expert evidence not only weaken the evidentiary value of such reports but also risk prejudicing both the accused and the prosecution. Emphasising the crucial role of medical opinions in determining criminal liability, the Court cautioned that unreliable and unclear expert evidence cannot be permitted to influence the course of criminal adjudication.
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14. Offence of Cheating can't be invoked just because a Cheque is Dishonoured, Rules SC, Read Judgment
Recently, the Supreme Court held that dishonour of a post-dated cheque, by itself, is not sufficient to infer dishonest intention and cannot automatically sustain an offence of cheating under Section 420 IPC, while setting aside criminal proceedings arising from a failed film investment transaction. The Court emphasized that criminal liability for cheating must be traced to fraudulent intent at the inception of the transaction and not to subsequent commercial failure, underscoring a significant observation that “dishonour of a post-dated cheque by itself is not sufficient to presume existence of a dishonest intention on part of its drawer.”
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15. Delay in Criminal Trials is Akin to Punishment of Accused, Rules HC, Read Judgment
Recently, the Calcutta High Court upheld a conviction for grievous hurt but stepped in to recalibrate the sentence, holding that inordinate delay in criminal proceedings cannot be divorced from the question of punishment. Dealing with an appeal arising from a Sessions Court conviction, the Court recognised that prolonged pendency, spanning years, inflicts mental agony on the accused, which must weigh in sentencing decisions. Emphasising the constitutional mandate of speedy justice under Article 21 of the Constitution, the Court emphasised that delay in adjudication, when sufficiently grave, assumes the character of punishment in itself and warrants a calibrated, humane approach to sentencing.
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16. HC upholds Life Sentence for Husband, rules False Defence and Evasive Conduct seal Guilt in Homicidal Strangulation case, Read Judgment
Recently, the Gujarat High Court upheld the conviction of a husband for the murder of his wife, affirming that the death was caused by homicidal strangulation and not suicide as claimed by the accused. The Court emphasised that once the prosecution establishes a complete chain of circumstances, a false defence and evasive conduct can decisively point towards guilt, observing that the accused’s plea of suicide was “an afterthought… not supported by any evidence.”
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G. FAMILY LAW CASES
1. Matrimonial case Cannot be Shifted once trial reaches Final Stage, says HC, Read Judgment
Recently, the Kerala High Court held that transferring a matrimonial case after it has reached the advanced stage of trial is unjustified and improper, setting aside an order that shifted a pending family dispute from the one Family Court to another. The Court emphasised that once proceedings have progressed substantially, transfer requests based merely on inconvenience cannot be entertained, particularly where parties had earlier agreed to cooperate for expeditious disposal of the case.
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2. Wife Deserve Interim Maintenance under Sec.125 CrPC from the Date of Application, Rules HC, Read Judgment
Recently, the Delhi High Court held that interim maintenance under Section 125 of the Code of Criminal Procedure, 1973, should ordinarily be granted from the date of filing of the application, and not from a later date unless the court records cogent reasons for deviating from this principle. The Court emphasised that depriving dependants of maintenance for the period during which proceedings remain pending would defeat the very purpose of the social welfare legislation.
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3. Married Man in a Live-in Relationship can't be accused of Bigamy, Rules HC, Read Judgment
Recently, the Karnataka High Court quashed criminal proceedings initiated for the offence of bigamy under Section 494 of the Indian Penal Code, 1860 (IPC), holding that a live-in relationship, by itself, does not amount to a second marriage in the eye of law. The Court was dealing with a challenge to a trial court order taking cognisance on a wife’s private complaint against her husband, another woman, and their children, and emphasised that proof of a valid second marriage is indispensable to sustain a charge of bigamy.
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4. Divorce by Mubarat in Muslims with Mutual Consent can be Considered by Family Court, Rules HC, Read Judgment
Recently, the Gujarat High Court held that Family Courts are fully empowered to entertain and declare dissolution of marriage based on Mutual Consent Divorce (Mubarat) under Muslim law, in an appeal arising from rejection of such declaration by a Family Court. The Court emphasised that jurisdiction to determine marital status cannot be defeated by procedural technicalities when parties have voluntarily dissolved their marriage.
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5. Father taking Custody of Child from Mother in Violation of Foreign Court Order renders it Unlawful, Rules HC, Read Judgment
Recently, the Gujarat High Court held that a father who removes a child from the lawful custody of the mother in defiance of a foreign court order would be deemed to be in unlawful custody. The Court directed restoration of custody to the mother, emphatically observing that displacing a young child from the care of the primary caregiver and familiar environment would be “traumatic” and contrary to the child’s best interests.
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6. Sec.125 CrPC: Civil Imprisonment of Husband dose Not Absolve him to Pay Maintenance, Rules HC, Read Judgment
Recently, the Allahabad High Court held that imprisonment of a husband for default in payment of maintenance does not extinguish his continuing liability to pay arrears. The Court firmly clarified that principles like double jeopardy have no application to maintenance execution proceedings, observing that treating civil detention as satisfaction of liability reflects a “non-application of judicial mind.”
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7. False Criminal Allegations against Spouse amount to Cruelty, HC grants Divorce, Read Judgment
Recently, the Madras High Court held that prolonged separation coupled with the initiation of criminal proceedings containing serious allegations constitutes mental cruelty warranting dissolution of marriage. The Court emphasised that matrimonial conduct which subjects a spouse to sustained mental agony, including unfounded criminal accusations, strikes at the very foundation of marital trust and dignity.
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H. LABOUR AND EMPLOYMENT LAW CASES
1. POSH Act doesn’t permit ‘Double Inquiry’: HC clarifies legal position, Read Judgment
Recently, the Bombay High Court addressed a recurring question in workplace harassment cases, whether an employer must conduct a second round of inquiry after the Internal Complaints Committee (ICC) records its findings. Answering in the negative, the Court held that disciplinary action can be directly based on the ICC report under the POSH Act, making it clear that the law does not envisage a “double inquiry” and that insisting on duplicative proceedings would defeat its very purpose.
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I. MOTOR ACCIDENT CASES
1. MACT Compensation should Not be Ordinarily altered in Appeal, Rules SC, Read Judgment
Recently, the Supreme Court held that appellate courts cannot casually interfere with compensation determined by the Motor Accident Claims Tribunal (MACT) without a thorough reappreciation of evidence, in a motor accident compensation appeal restoring enhanced compensation to the claimant. The Court emphasised that substituting findings without sound reasoning undermines the statutory objective of ensuring just relief to victims.
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2. MACT Compensation can't be Reduced just Beacuse Deceased Student was Not Good at Studies, Rules HC, Read Judgment
Recently, the Bombay High Court partly allowed a claimants’ appeal while dismissing an insurance company’s challenge and significantly enhanced compensation in a motor accident death case involving a 23 year old BHMS student. The Court revised the income assessment and recalculated dependency compensation, ultimately increasing the award to Rs.46.06 lakh with 7% interest. Significantly, the Court observed that “academic excellence is different from professional earning capacity,” rejecting a rigid link between marks and future income.
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3. Insurer not liable for Accident caused by vehicle under State Requisition: Supreme Court, Read Judgment
Recently, the Supreme Court held that when a privately owned vehicle is requisitioned by the State for public purposes, liability for accidents during such period rests with the requisitioning authority and not the insurer. Upholding the High Court’s ruling, the Court clarified the legal position on shifting control and responsibility in such cases, observing that once the State assumes command, it must also bear the consequences of its use.
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J. NEGOTIABLE INSTRUMENT ACT CASES
1. Send all Cheque Bounce Cases for Mediation, Rules HC, Read Judgment
Recently, the Punjab and Haryana High Court held that courts dealing with cheque dishonour cases under the Negotiable Instruments Act must proactively refer such disputes to mediation immediately after service of the accused, emphasising that these matters are essentially compensatory in nature and better resolved through negotiated settlement. The Court also declined to interfere with a trial court order rejecting a belated request for expert evidence. Stressing the flood of cheque bounce litigation clogging criminal courts, the Court observed that “when the cheques are dishonored, the predominant objective is recovery and compensation, which mediation naturally furthers more efficiently than an adversarial trial.”
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