Bombay HC: Police Cannot Seize Bank Accounts Under Section 102 CrPC Without Direct Link To Offence

At this stage, the object and purpose of the provisions contained in section 102 of the Code, deserve to be revisited. It is essentially a tool for investigation and collection of evidence to sustain the charge against the accused. Section 102 is neither intended to confer, nor a repository of, the power to seize the property for the purpose of its delivery to the person / victim whom the IO consider to be rightful owner. In the absence of a direct link between the seized property and the commission of the offences, to concede the power to the investigating agency to seize the property would amount to allowing the investigating agency to trench upon adjudicatory province and do compensatory justice. { Para 37}

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPLICATION NO.790 OF 2024

Geeta Kampani  Vs The State of Maharashtra

CORAM: N.J.JAMADAR, J.

PRONOUNCED ON : 7 MAY 2026.

Citation: 2026:BHC-AS:21940

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Supreme Court Lays Down Guidelines For Summary Judgment In Commercial Suits under Order XIII-A CPC of Commercial Courts Act

 The bench laid down the non-exhaustive guidelines have to be complied with while considering an application for summary judgment under Order XIII-A of the CPC:-

"(i) That the procedural mandate under Order XIII-A, CPC be strictly complied.

(ii) The Court should consider,

(a) Whether Plaintiff has no real prospect of succeeding on the claim or issue; or

(b) Whether the defendant has no real prospect of successfully defending the claim or issue; and

iii) The Court should also consider whether there is no other reason why the case or issue(s) should be allowed to go to trial.

(iv) While ascertaining above, the Court does not have to take everything on the face value, but it must also not conduct a mini trial at the same time.

(v) That the Court has to differentiate between a cause of action/defence respectively, which is real as opposed to fanciful prospect.

(vi) That the Court ought to grasp the nettle, when dealing with the summary judgment applications to decide short points of law and interpretations.

(vii) The Court must take into account not only the evidence before it but also the evidence that can reasonably be expected to be led/available at the trial.

(viii) That the Court's usage of power under Order XIII-A, CPC is exceptional as it cuts short the process of trial and ought to be exercised where oral evidence and full trial is not required.

(ix) In order to ascertain the need for full trial over summary judgment, the Court has to see whether, in the interest of justice, it is more suited to conduct trial to –

(a) Weigh the evidence,

(b) Evaluate the credibility of a deponents,

(c) Draw reasonable inferences from the evidence."

REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. OF 2026

(Arising out of Special Leave Petition (C) No. 22100 of 2025)

RELIANCE EMINENT TRADING AND

COMMERCIAL PRIVATE LIMITED Vs   DELHI DEVELOPMENT AUTHORITY 

J.K. MAHESHWARI, J.

Citation: 2026 INSC 436.

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Supreme Court: On which ground, the court can order revocation of Succession certificate?

Section 372 of the Indian Succession Act, 1925 governs

applications for grant of succession certificates, whereas Section

383 provides for revocation of such certificates on specified

grounds. Where an application is defective or material facts have

been suppressed or misstated, the certificate issued pursuant

thereto is liable to be revoked under Section 383 of the Act.

NON-REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO…………………………OF 2026

(@ Special Leave Petition (Civil)No.11006 of 2021)

DEEPESH MAHESWARI AND ANR. Vs RENU MAHESWARI

AND ORS 

Author: SANJAY KAROL, J.

Citation: 2026 INSC 306.

Dated: April 1, 2026.

Read full judgment here : Click here.

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Supreme Court: Order IX Rule 13 CPC Application Not Barred By Dismissal Of Appeal Against Ex-Parte Decree

 The Supreme Court on Wednesday (April 1) observed that the filing of an appeal against an ex-parte decree would not bar the filing of an application for setting aside the ex-parte decree under Order IX Rule 13 Code of Civil Procedure (CPC).

NON-REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO…………………………OF 2026

(@ Special Leave Petition (Civil)No.11006 of 2021)

DEEPESH MAHESWARI AND ANR. Vs RENU MAHESWARI

AND ORS 

Author: SANJAY KAROL, J.

Citation: 2026 INSC 306.

Dated: April 1, 2026.

Read full judgment here : Click here.

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