High Courts judgments

Bombay High Court rules that failure to update tax demand records after appellate reduction from Rs. 3.56 crores to Rs. 22 lakhs jeopardizes the Income Tax Department's preferential creditor status in insolvency proceedings. The court criticized mechanical responses and directed immediate compliance to protect creditor claims.

Bombay High Court initiates contempt proceedings against the Mumbai Collector for failing to execute MahaRERA decrees, reinforcing judicial authority over statutory obligations. The ruling underscores that government bodies cannot evade court orders under the guise of legal loopholes, setting a precedent for accountability in decree enforcement.

Bombay High Court allowed a writ petition under the SARFAESI Act where an ex-husband fraudulently transferred a mortgaged flat to his divorcee wife, suppressing the bank's security interest. The court held that the bank's rights as a secured creditor could not be defeated by such collusive transfers, even in divorce settlements.

Bombay High Court invokes Section 247 of the Indian Succession Act to appoint a court receiver, restraining property alienation during a probate dispute. The ruling underscores the court's power to protect estate assets from unauthorized transfers, ensuring fair adjudication for all legal heirs.

Kerala High Court rules that pension arrears under the Indira Gandhi National Old Age Pension Scheme cannot be withheld due to administrative delays, directing the Kozhikode Corporation to disburse arrears from May 2024 within three months. The judgment reinforces that welfare entitlements are enforceable rights, not discretionary benefits.

Kerala High Court sets aside conviction under NDPS Act where prosecution failed to comply with Section 52A's inventory tendering requirements, emphasizing procedural safeguards for contraband evidence. The ruling mandates fresh evidence, reinforcing strict adherence to statutory procedures in drug offence trials.

Bombay High Court bars a contemnor with paranoid personality disorder from filing any legal proceedings until certified mentally fit, prioritizing judicial efficiency and family protection. The ruling sets a precedent for mental health-based litigation restraints under contempt law.

Bombay High Court allows a 69-year-old Chartered Accountant to travel abroad for family visits, despite Look-Out Circulars issued by banks, subject to strict conditions including prior criminal court permissions. The ruling underscores the balance between enforcement of financial institutions' rights and the personal liberties of senior citizens facing non-conviction proceedings.

Kerala High Court dismisses a writ petition challenging a disability pension denial due to a 4-year delay without satisfactory explanation, reinforcing that laches defeats litigation finality under Article 226. The ruling underscores that inordinate delays in approaching constitutional courts can forfeit relief, even in service-related disputes involving fundamental rights.

Kerala High Court sets aside eviction orders under Section 11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965, ruling that landlords must substantiate 'bona fide need' with concrete evidence-documents, witness corroboration, or material proof-beyond oral assertions. The decision reinforces the burden of proof in eviction proceedings, impacting landlords and tenants across Kerala.

Madhya Pradesh High Court rules that DNA evidence can independently sustain a conviction under the POCSO Act, even if prosecution witnesses turn hostile. The judgment reinforces the primacy of forensic evidence in sexual offence cases, setting a precedent for reliance on scientific proof over testimonial inconsistencies.

Madhya Pradesh High Court rules that continuous service rendered as Guruji Adhyapak and subsequently as Sikshak must be treated as a single uninterrupted tenure for seniority and pay scale upgradation. The judgment reinforces the principle that arbitrary exclusion of prior service periods violates service jurisprudence, impacting thousands of educators under the M.P. School Education Rules 2018.

Bombay High Court restrains Kalyan Dombivali Municipal Corporation from enforcing TDR/FSI as compensation for road widening, reaffirming its Full Bench judgment in Shree Vinayak Builders. The ruling mandates monetary compensation for landowners, impacting municipal land acquisition policies across Maharashtra.

Madhya Pradesh High Court upholds the Lalita Kumari principle under Bharatiya Nagarik Suraksha Sanhita, 2023, permitting police to conduct a preliminary inquiry before FIR registration where no cognizable offence is prima facie disclosed. The ruling clarifies the scope of judicial review over police compliance reports in criminal investigations.

Madhya Pradesh High Court rules that recovery proceedings under Section 92 of the M.P. Panchayat Raj Act are legally invalid unless Section 89 proceedings are fully completed. The court stayed coercive action, reinforcing the principle of natural justice in administrative recoveries affecting public bodies and individuals.

Kerala High Court rules that trial courts cannot dismiss documents as irrelevant in partition suits without first examining them under Section 73 of the Evidence Act. The judgment mandates expert verification of disputed Wills or gifts before excluding them from evidence, ensuring fair adjudication in property disputes.

Kerala High Court invokes inherent powers under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, to quash criminal proceedings where parties amicably settled disputes under Bharatiya Nyaya Sanhita, 2023. The ruling reinforces the court's discretion to prevent abuse of process in compoundable offences.

Madhya Pradesh High Court directs police to proactively protect interfaith couples from harassment, reaffirming the constitutional right to marry under Article 21. The ruling mandates immediate action against threats or violence, aligning with the Supreme Court's Lata Singh judgment.

Madhya Pradesh High Court reinforces that recovery of government dues older than five years is barred under the Rafiq Masih judgment, mandating a prior hearing. The ruling protects employees from retrospective financial liabilities without due process, setting a critical precedent for service law and public body interactions.

Madhya Pradesh High Court reaffirms that transfer orders are administrative decisions, subject to judicial review only if vitiated by malafides, arbitrariness, or violation of statutory rules. The ruling underscores that personal inconvenience or policy deviations alone do not warrant court interference, reinforcing the limited scope of judicial scrutiny over government postings.

Madhya Pradesh High Court ruled that contractual employees cannot be transferred if their appointment order explicitly prohibits it. The court quashed the transfer order of a Gram Rojgar Sahayak, reinforcing that administrative actions must align with the terms of employment contracts, impacting service law and contractual employment rights.

Madhya Pradesh High Court quashes disciplinary order passed by Staff Sub-Committee lacking requisite quorum under cooperative bank rules, emphasizing procedural compliance.

Bombay High Court rules that income tax set-offs for losses under 'Income from House Property' cannot reduce the deceased's business income for motor accident compensation. The ruling ensures higher dependency benefits for claimants by strictly applying MV Act principles over Income Tax Act provisions.

Bombay High Court denied bail to a bank official in a Rs. 2.5 crore loan fraud case, emphasizing that mere transfer of funds to the main accused does not absolve the applicant, especially when a co-accused with similar allegations was given a clean chit. The ruling underscores that bail under BNS requires a nuanced assessment of individual culpability, not just comparative treatment.