Motor Accident Compensation – Just Compensation – Proof of Income – Mandatory future prospects for fixed salary employee below 40 years – “Loss of love and affection” not a separate head – Such loss subsumed within consortium – Compensation enhanced.
Motor Vehicles Act – Just Compensation – Governing Principles – Compensation und...
Interim Maintenance – Wife and Minor Child – Article 227 – Modification of Quantum – Trial Court directed husband to pay Rs.5,000/- per month each to wife and minor child – High Court held that in absence of concrete evidence regarding income of husband, maintenance awarded was on higher side – Held: Interim maintenance reduced to Rs.3,000/- per month each to wi...
Matrimonial Law - Maintenance – Wife and Minor Child – Section 18 Hindu Adoptions and Maintenance Act – Partial Modification of Quantum – Family Court granted maintenance to wife and minor son at different slabs for different periods – On appeal, High Court upheld entitlement of wife and child to maintenance but modified quantum payable from the date of order – ...
Taxation Law – Andhra Pradesh VAT Act – Appeal – Rejection at Admission Stage – Delay in Filing Appeal – Appellate Deputy Commissioner rejected appeal filed with delay of 2 years 4 months and 20 days against consequential assessment order – Petitioner pleaded non-service of show cause notice and assessment order – Held: Explanation not satisfactory –...
Constitutional Law – Advisory Committee – Transgender Rights – Modification of Earlier Order – Appointment of Members – Miscellaneous Application filed by Amicus Curiae seeking inclusion of a Senior Associate of the Centre for Law and Policy Research as a member of the Advisory Committee constituted by Supreme Court order dated 17.10.2025 – Court noted that the ...
Civil Law – Rejection of Plaint – Order VII Rule 11 CPC – Cause of Action – Court reiterated that while considering an application for rejection of plaint, it must confine itself strictly to the averments in the plaint and documents relied upon therein – Test is whether on a plain and meaningful reading, the plaint discloses a cause of action against the defendant see...
Arbitration – Challenge to Arbitral Award – Vendor Agreement – Petitioner contended it was an assembler, not manufacturer, and that respondent was obligated to pay 100% advance – Arbitrator found petitioner responsible for non-delivery of goods and liable to refund part of advance with interest – Held: Findings based on appreciation of contract and evidence – No...
Land Ceiling – Re-determination of Surplus Land – Transitory Provisions under U.P. Amending Acts of 1973 and 1976 – Fresh proceedings under Section 10(2) after statutory amendments held valid – Earlier discharge of notice in 1964 not operating as res judicata – Clubbing of wife’s land upheld – Failure to exercise statutory choice under Section 12-A –...
Service Law – Disciplinary Proceedings – Desertion vs. Absence without Leave – CRPF Act, 1949 – Charge-sheet alleged desertion though petitioner voluntarily rejoined duty within about 20 days – Essential ingredient of animus deserendi absent – Held: Temporary absence followed by voluntary resumption of duty cannot constitute desertion under Section 9 CRPF Act &n...
Mandatory Injunction – Licensor–Licensee Relationship – Maintainability – Suit for mandatory injunction filed by husband and subsequent purchaser against wife occupying flat – Wife claimed to be trespasser post revocation of licence – Held: Where defendant occupies premises as a licensee and licence is terminated, suit for mandatory injunction for recovery of po...