Transfer of Matrimonial Proceedings – Convenience of Wife – Two divorce petitions filed by husband in Nimbahera under Sections 10 and 13 of Hindu Marriage Act – Wife sought transfer to Udaipur citing financial dependency, custody of minor child, and pendency of multiple related proceedings in Udaipur – Court held that comparative hardship was greater for wife and transfer w...
Army Law – Disobedience of Lawful Command – Section 41(2) of the Army Act – Punishment of Severe Reprimand – Legality of Summary Trial – Judicial Review under Article 226 – Scope and Limitations – Petitioner, a Subedar in EME Corps, challenged disciplinary action and discharge alleging that Movement Order was never served and enquiry was held ex parte &nda...
Income Tax – Revision under Section 263 – Survey – Excess Cash and Stock – Surrendered amount of ₹75.25 lakhs comprising excess stock and cash declared by assessee during survey and disclosed in return as business income – Assessing Officer accepted assessee’s explanation and taxed under normal rates – PCIT held assessment as erroneous and prejudicial to...
Civil Procedure – Impleadment of Parties – Plaintiff’s Discretion – In a suit for permanent injunction and compensation filed by the petitioner, third-party villagers claiming communal interest in the land were permitted to be impleaded as defendants by the Trial Court – Court below justified the order only on ground of avoiding multiplicity of litigation – Held...
Land Acquisition – Section 28-A – Beneficial Construction – Redetermination Allowed – Landowners who had not sought reference under Section 18 filed applications under Section 28-A within three months of award dated 30.01.2016 granting higher compensation – Held: Applications within limitation; SLAO order dated 17.02.2022 enhancing compensation @ ₹108/sq. mtr. with ...
Motor Accident Claim – Compensation Enhancement – Permanent Disability – Appellant, a lorry driver, suffered fracture and underwent surgery due to negligent driving by APSRTC bus – MACT awarded ₹36,000 – High Court found MACT failed to adequately consider future medical expenses, loss of income, and associated costs – Compensation enhanced to ₹90,000 with 7....
Election Law – Disqualification – Non-disclosure of Conviction – Section 138 NI Act – Election Set Aside – Petitioner elected as Councillor but failed to disclose conviction and sentence of one year under Section 138 of the NI Act in affidavit under Rule 24-A – High Court and Trial Court held that non-disclosure breached Rule 24-A and attracted Section 22(1)(d)(...
Arbitration and Conciliation – Validity of Arbitration Clause – Clause 8.28 not constituting arbitration agreement – Clause referred to dispute resolution through negotiation, mediation by Chairmen, and only used the term "arbitration" loosely – No binding intent or finality indicated – Chairmen of parties not neutral arbitrators – Court held that mere...
Right to Privacy – Posthumous Personality Rights – Not Heritable – Petitioner, daughter of Late Shah Bano Begum, sought injunction against the film ‘Haq’ claiming it dramatizes and distorts the private life of her late mother without consent – Alleged violation of right to privacy and dignity – Held: As per K.S. Puttaswamy (2017) and Deepa Jayakumar (2021)...
Execution – Garnishee Proceedings – Warrant of Attachment – Continuing Liability – Appellant obtained ex parte money decree against Respondents – Warrant of attachment issued against Respondent No.3 (garnishee) prohibiting payments to judgment-debtor (Respondent No.1) – Garnishee allowed subsequent credits to be withdrawn despite subsisting attachment – Tr...