Hindu Marriage – Restitution of Conjugal Rights – Section 9 of the Hindu Marriage Act, 1955 – Appeal against decree – Allegations of cruelty, dowry demand, and suppression of husband’s mental illness not proved – No FIR or complaint filed – Evidence produced by wife unreliable and hearsay – Husband made genuine attempts to resume cohabitation which w...
Civil Procedure – Order VII Rule 14(3) CPC – Reception of Additional Documents – Delay and Admissibility – Judicial Discretion – Trial Court allowed plaintiff’s petition to receive certain documents obtained under RTI Act during 2021–22 though produced belatedly in 2024 – Revision petitioner contended that documents were neither certified nor origina...
Maintenance – Disclosure of Income – Remand Ordered – Wife claimed past and future maintenance without properly disclosing her employment and income – Trial court awarded maintenance of ₹2,88,000 to wife and ₹1,44,000 to child with future monthly maintenance of ₹8,000 and ₹4,000 respectively – High Court noted suppression of employment and salary of ₹13,500/...
Civil Law – Second Appeal – Scope under Section 100 CPC – Concurrent findings of Trial Court and First Appellate Court dismissing the suit for injunction upheld – High Court cannot re-appreciate evidence unless findings are perverse or contrary to law – No substantial question of law arises [Paras 5.16–6].
Transfer of Property – Unregistered A...
Property Law – Unauthorized Use – Mobile Tower on Private Land – BSNL erected a mobile tower on plaintiff’s land (Khasra No. 71) instead of the leased adjoining land (Khasra No. 70) – Demarcation by Local Commissioner confirmed tower was located 20 meters inside plaintiff’s property – Report of demarcation remained unchallenged – Trial Court’s ...
Parole – General Parole – Purpose and Eligibility – Petitioner-mother sought general parole for convict son to supervise renovation of home – Convict undergoing 10-year sentence under POCSO and IPC Section 376(2)(i) – Court held that construction/repair of home is a valid ground for parole under Regulation 636(v) – Requisite period of incarceration completed &nd...
Civil Procedure – Rejection of Plaint – Court Fee – Suit for Damages – Order 7 Rule 11 CPC – Plaintiff claimed damages of ₹2 crore in suit for malicious prosecution but affixed only nominal court fee of ₹100 claiming tentative valuation – Held: When a specific amount is claimed, even if termed “tentative,” ad valorem court fee is mandatory under ...
Criminal Law – Section 61(1)(a) of the Punjab Excise Act - Acquittal – Illegal Possession of Liquor – Compliance with Procedural Safeguards – Accused was acquitted by Trial Court in a case under Section 61(1)(a) of the Punjab Excise Act for alleged illegal possession and sale of country liquor – Trial Court found that the prosecution failed to comply with mandatory pr...
Company Law – Misfeasance proceedings under Section 542 of Companies Act – Non-executive nominee directors’ application for deletion at threshold rejected – Interim freezing orders vacated – Matter to proceed to trial [Paras 29–41].
Company Law – Fraudulent Conduct – Section 542 of Companies Act, 1956 – Interim Relief Partially Granted &ndas...
Railways Act, 1989 – Section 124-A – Untoward Incident – Strict Liability – Bona Fide Passenger – Compensation – Deceased allegedly fell from an overcrowded passenger train due to a sudden jerk and succumbed to injuries during treatment – Tribunal dismissed claim holding that deceased was not a bona fide passenger and the ticket recovered was fabricated &n...