Bombay High Court holds that cooperative societies cannot refuse membership based on terrace usage disputes; such issues must be resolved under Section 91 of the MCS Act.
Madhya Pradesh High Court holds that insurance companies cannot evade liability under motor vehicle insurance merely by alleging the deceased was a passenger without credible evidence.
Madhya Pradesh High Court grants bail in IPC 420 case on condition of depositing Rs.50,000 alleged proceeds, establishing deposit as viable bail condition under BNSS.
Madhya Pradesh High Court holds that rejection of plaint under Order VII Rule 11 CPC is impermissible when limitation depends on disputed facts or accrual of cause of action.
ITAT Kolkata holds that cash deposits during demonetization from verified cash books cannot be taxed under Section 68 without evidence of unexplained income.
Bombay High Court clarifies that Competent Authority under MOFA cannot adjudicate FSI/TDR disputes; petitioners must pursue civil remedies for development rights.
Andhra Pradesh High Court holds that filing a civil suit during pending arbitration violates Section 8 of the Arbitration and Conciliation Act, 1996, reinforcing exclusive jurisdiction of arbitral tribunals.
Kerala High Court holds that failure to communicate written grounds of arrest in understood language renders arrest illegal, even in POCSO cases, affirming mandatory constitutional rights under Article 22(1).
Madhya Pradesh High Court clarifies that under Section 14 SARFAESI Act, Magistrates must assist secured creditors ministerially without adjudicating borrower disputes or demanding hyper-technical compliance.
Madhya Pradesh High Court holds that future prospects and consortium damages must be awarded in motor accident claims involving minor deceased, clarifying calculation methodology under Sarla Verma and Pranay Sethi.
Andhra Pradesh High Court holds that dismissing specific performance suit despite finding time not essence of contract is legally unsustainable. Interim order protects property pending appeal.
The Rajasthan High Court quashes bail forfeiture for a single absence, holding that procedural fairness under Section 446 Cr.P.C. requires prior notice and opportunity to explain.
Bombay High Court stays proceedings in a collusive suit and orders record sealing after allegations of fraud on the court, reinforcing the sanctity of judicial process.
Madhya Pradesh High Court holds that a delay of 11 days under Section 5 of the Limitation Act is not inordinate if reasonably explained; authorities must reconsider on merits.
Bombay High Court holds that Section 154(2A) of the MCS Act mandates a 50% pre-deposit before revision applications can be heard, rendering merits-based review illegal without compliance.
Supreme Court holds that Section 175(4) BNSS is not standalone; requires affidavit, superior officer's report, and hearing before investigating public servants.
ITAT Mumbai holds that deduction under Section 57(iii) cannot be denied solely due to ex parte assessment if nexus between interest paid and earned is proven through documentary evidence.
The Central Information Commission holds that patients have a right to obtain complete medical records under RTI Act, including nursing notes and diagnostic reports, even from public hospitals.
National Green Tribunal mandates independent verification of environmental compliance and direct action by District Magistrate and SP against illegal mining under SSMG and EMGSM.
Madhya Pradesh High Court clarifies that plaint cannot be rejected under Order VII Rule 11 CPC merely because defendant disputes facts or raises defences.