Amendment of Pleadings – Subsequent Events – Proviso to Order 6 Rule 17 CPC – The trial court allowed an amendment application to include facts arising from subsequent events – Held: The court may permit such amendments even after trial commences if the facts were not within the party's knowledge due to subsequent events, and the amendment is necessary for deciding the ...
Family Law – Visitation Rights – Welfare of Minor Child – Appeal against High Court’s order directing mother to facilitate visitation between father and minor child at a location 150 km from her residence – High Court observed that the father, as the natural guardian, is entitled to visitation rights but dismissed the appellant-mother’s objections regarding the ...
Tenancy Rights - Land Law – Karnataka Land Reforms Act, 1961 – Occupancy Rights – Manipulation of Proceedings – High Court’s Judgment in Writ Appeals Set Aside – Supreme Court Finds Non-Disclosure of Crucial Facts and Manipulation by Respondent No.1 – Restores Single Judge’s Judgment [Paras 1-14].
Occupancy Rights – Land Tribunal P...
Civil Procedure – Rejection of Plaint – Order VII Rule 11 CPC – Application filed by Defendant Nos. 3 to 5 seeking rejection of plaint for cancellation of registered Sale Deed – Trial Court rejected application – Plaintiffs had prima facie raised triable issues based on registered transactional documents and alleged collusion between Defendants – Held: Cause o...
Land Law – Andhra Pradesh Assigned Lands (Prohibition of Transfer) Act, 1977 – Resumption of Assigned Lands – Whether Lands Assigned Under Laoni Rules, 1950 Can Be Resumed Under Act No. 9 of 1977 – Common Judgment Dated 02.09.2008 by High Court Set Aside by Supreme Court – High Court Misconceived Appellants’ Position Regarding Non-Collection of Market Value &nda...
Contract Law – Recovery of Amount – Suit for Recovery – Contractor claimed recovery of ₹3,85,371/- comprising security deposit, earnest money, and payment for additional work completed under supplemental agreement – Trial Court decreed the suit – Appellants contended substandard work and deductions due to deficiencies – No evidence produced to prove alleged su...
Matrimonial Law – Interim Maintenance – Priority of Decision – The appellant sought a decision on her application for interim maintenance under Section 24 of the Hindu Marriage Act before the main petition – Held: Family Court rightly decided to take up the application along with the main petition, in line with established legal principles [Para 6].
Procedural Law &ndash...
Civil Writ - Legal Profession – Enrollment Fees – Validity of Charges for Verification – Supreme Court Directions Binding – Appellant challenged the collection of verification fees for enrollment certificates, relying on a Supreme Court order mandating that universities and boards verify such certificates without fees – Held: Bar Council cannot levy fees for verificat...
Land Acquisition – Compensation Determination – Shifting Date of Notification – Appeal Before Supreme Court – Petitioners’ Lands Acquired for Bengaluru-Mysuru Infrastructure Corridor Project in 2003 – No Compensation Paid Despite Lapse of 22 Years – SLAO Shifted Preliminary Notification Date to 2011 for Calculating Compensation – High Court Quashed S...
Electricity Act - Section 63 - Adoption of Tariff by Local Authority – Section 63 does not limit the right to apply for tariff adoption to distribution licensees or generating companies – Municipal Corporation of Delhi (MCD), a local authority under Rule 15 of the SWM Rules 2016, is empowered to conduct transparent bidding and seek tariff adoption for WTE projects – Appeal allowe...