Guardianship – Custody of Minor – Interim Custody to Father – Welfare Paramount – Appeal under Section 19 of the Family Courts Act challenging Family Court’s interim order granting father custody of minor girl (aged 4 years, Russian national) and restraining mother from taking child abroad – Held: Welfare and stability of child take precedence over statutory par...
Civil Writ – Quashing Show Cause Notice - Legislative Privileges – Newspaper Publication – Breach of Privilege – Petitioners (Editor and Chief Reporter of Sakshi Daily) challenged Privilege Committee’s notice dated 03.06.2025 for a news item “Kotlu Karchu … Shikshana Tussu” alleging wasteful expenditure in MLA training – Contended that publica...
Senior Citizens Act – Section 23 – Cancellation of Transfer Deed – Conditions breached – Petitioner (grandfather) sought cancellation of transfer deed citing failure of transferee to maintain him as required under deed – Tribunal initially cancelled deed but appellate authority remanded case – Upon rehearing, Tribunal denied cancellation and instead granted mont...
Civil Law – Ownership and Possession – Adverse Possession – Article 65, Limitation Act, 1963 – Plaintiff inherited property from her deceased husband – Defendant, plaintiff’s sister, claimed ownership based on alleged gift and alternatively adverse possession since 1971 – Mutation Entry No.49 showing defendant’s name cancelled in 1984 after inquiry r...
Election Law – Rejection of Nomination – Writ Jurisdiction – Bar under Article 329(b) – Maintainability – Petitioners challenged rejection of nomination papers for 2025 Bihar Assembly Elections under Article 226 – Allegations of denial of natural justice and arbitrary rejection of caste certificate – Held: Once election process begins, remedy lies only in ...
Civil Writ - Rent Control – Court Fees – Determination of Applicable Provision – Petitioner challenged the calculation of court fees on execution of order passed under Section 10(1) of the U.P. Regulation of Urban Premises Tenancy Act, 2021 (Act No.16 of 2021) – Rent Authority had demanded fee as per Section 7(xi-b) of the Court Fees Act, 1870 treating it as recovery of pos...
Family Law – Partition Suit – Legal Heirship Disputed – Respondent-plaintiff claimed share in ancestral property as son of Godari Beeraiah through second wife Banamma – Trial court decreed the suit based on declarations and oral evidence – Appellate court found no conclusive proof of legal marriage between Beeraiah and Banamma – Plaintiff failed to produce birth...
Tenancy Law – Eviction – Default in Rent Payment – Concurrent Finding of Default – Defendant tenant failed to prove payment of rent for April, May, and July 2010 despite claim of postal delivery of cheques and court deposit – Courts below found the tenant in default based on unrefuted evidence and absence of cross-examination of landlord’s witnesses – Tena...
Education Law – D.El.Ed. Eligibility – Government Order – Judicial Review – Prospective Quashing of G.O. – Restored – Learned Single Judge quashed Clause 4(1) of the Government Order dated 09.09.2024 prescribing graduation as minimum eligibility for D.El.Ed. course – Held: State Government empowered under Clause 3.3 of NCTE Regulations, 2014 to frame polic...
Family Law – Return of Gold Ornaments/Istridhan – Recovery Claim – Marriage Gifts – Wife claimed 65 sovereigns of gold ornaments were entrusted to husband and in-laws – Family Court allowed recovery of 52.955 sovereigns or value thereof – Held: Photographs and evidence proved possession of at least 53 sovereigns – Admission of husband inconsistent – ...