Hindu Marriage Act – Divorce on Ground of Cruelty – Decree of Divorce – Permanent Alimony – Appeal Dismissed – Matrimonial Dispute – Allegations of Cruelty – Marriage between Appellant-Wife (Group 'A' Officer in Indian Railway Traffic Service) and Respondent-Husband (Advocate) solemnized on 25.01.2010 – Parties separated on 08.03.2011 –...
Family Law – Divorce Proceedings – Jurisdiction – Overseas Citizens – F.C.O.P. filed by respondent-husband in India seeking divorce on grounds of cruelty – Petitioner-wife contended both parties are US citizens and have only temporarily resided in India – High Court held: Citizenship alone does not bar filing of matrimonial proceedings in India – If partie...
Family Law – Property Dispute Between Father and Son – Ownership and Possession – Father filed suit seeking mandatory injunction against son to vacate portion of self-acquired residential house – Son claimed house was joint family property and he was a coparcener – Trial Court and First Appellate Court held that property was purchased by father and his brother from th...
Contempt of Court – Fraud on Court – Forgery – Abuse of Judicial Process – Husband of the appellant impersonated her and filed writ petition and writ appeal using forged signatures without her knowledge – Interim orders obtained based on misrepresentation – Court held this to be a gross abuse of process amounting to criminal contempt – Directed initiation ...
Tender – Disqualification of Bid – Solvency Certificate – Clause 18 of NIT – Appellant’s technical bid rejected by Krishi Utpadan Mandi Parishad as “haisiyat praman patra” (solvency certificate) was issued by a private architect rather than District Magistrate – NIT did not specify that certificate must be issued by the District Magistrate – He...
Education Law – RTE Act, 2009 – Section 23 – Minimum Qualifications for Teachers – Teacher Eligibility Test (TET) – Appellants appointed as Assistant Teachers in 2012 without TET qualification – First TET held in November 2011 – Both appellants cleared TET subsequently (2011 and 2014) – Their services terminated in 2018 for not possessing TET at the ...
Urban Planning – Delhi – Monitoring Committee & Judicial Committee – Scope – Monitoring Committee was constituted to curb misuse of residential premises and lacked statutory sealing power vis-à-vis premises as such; sealing entails civil consequences and DMC Act provides statutory process/appeal – Judicial Committee’s 18.12.2023 common order did not e...
Insurance Law – Motor Accident – Personal Accident Cover – Deceased had purchased the insured vehicle and applied for ownership transfer on the same day – Fatal accident occurred before the registration certificate was formally updated – Insurer repudiated the claim citing absence of policy endorsement and privity of contract – Insurance Ombudsman upheld the rep...
Environmental Law – Jurisdiction of State Pollution Control Boards – Environmental Compensation – RSPCB imposed environmental compensation for alleged operation of brick kiln without valid Consent to Operate – Petitioners challenged competence of Board to impose compensation without statutory backing – Held: In absence of rules and regulations forming subordinate legi...
Pension – Conviction under Section 138 NI Act – Moral Turpitude – Petitioner, a retired police official, was convicted under Section 138 of NI Act and his pension was stopped invoking Rule 8 of the Tamil Nadu Pension Rules – Held: Conviction under Section 138 NI Act arises from a contractual dispute and cannot be considered an offence involving moral turpitude – Such ...