Matrimonial Law – Transfer of Petition – Section 24 CPC – Wife seeking transfer of divorce petition from Family Court, Siwani (Bhiwani) to Rohtak – Applicant-wife residing at Rohtak with a 5-year-old son – Respondent-husband, an Army officer, opposing transfer on grounds of job constraints and paralyzed mother – Held: While the convenience of the wife is general...
Banking Law - Recovery suit by bank - Limitation – Cash Credit Facility – Part-Payments – Section 19, Limitation Act – Fresh Period of Limitation – Commercial Court dismissed bank’s recovery suit holding it barred by limitation by reckoning limitation from expiry of original sanction period – Statement of account revealed multiple part-payments within limi...
Arbitration – Section 11 – Existence of Arbitration Agreement – Flat purchase agreements between Developer and individual flat purchasers contained identical arbitration clauses – Flat purchasers subsequently formed Cooperative Housing Society – Society challenged gift deeds in favour of Temple Trust and denied privity to arbitration agreement – Held, prima faci...
Unauthorized Structure – Public Street – Section 314 BMC Act – Appellant sought injunction restraining demolition of structure allegedly existing since 1986 – Structure found situated on municipal footpath/public street – No permission or approval from BMC – Held: Encroachment on public street can be removed without notice under Section 314 – Action lawful...
Motor Accident Claim – Minor Injured Claimant – Assessment of Notional Income – Minimum Wages of Skilled Worker – Tribunal failed to assess loss of earning capacity of 15-year-old student – High Court held that minor cannot be treated as non-earner – Income to be assessed on basis of minimum wages prevailing in Haryana – Monthly income fixed at Rs.5,500 &n...
Civil Law - Ancestral Property – Proof – Revenue Entries – Entry No. 47 (Exh. 42) describing property as “ancestral” – Mere nomenclature in revenue record does not conclusively establish coparcenary character – Revenue entries neither create nor extinguish title – Absence of antecedent evidence showing devolution from Agharabhai – Mutation entr...
Motor Accident Compensation – Appeal by Insurer – Dismissal Without Merits – Tribunal awarded ₹2,72,03,416/- to 22-year-old claimant with 100% functional disability – Insurer’s first appeal dismissed by High Court solely on ground that local manager had given undertaking before Executing Court to satisfy award – No adjudication on merits – Held: Undertak...
Banking Law - Banker’s Lien – Scope and Extent – Section 171, Indian Contract Act – Salary Account of Guarantor – Borrower defaulted in repayment of loan availed under PMEGP Scheme – Bank froze salary account of guarantor invoking general lien and right of set-off – Held: General banker’s lien extends not only to goods but also to money deposited wit...
Railway Land – Temporary License – Resumption Clause – Petitioners occupying Railway land under temporary land license agreements for commercial purposes challenged termination notices directing them to vacate within 30 days for implementation of Amrit Bharat Station Scheme – License agreements expressly reserved Government’s right to resume possession at any time und...
Judicial Review – Examination Matters – Limited Scope – Academic Autonomy – Writ petition alleging arbitrary reduction of twenty marks in Paper-I of Delhi Judicial Services Examination (Mains), 2023 after initial evaluation – Petitioner sought restoration of original marks and revision of final merit list – High Court reiterated that courts must exercise restrai...