Sexual Harassment Complaint – Limitation under POSH Act – Complaint Held Time-Barred – The appellant, a faculty member at NUJS, filed a complaint of sexual harassment against the Vice-Chancellor in December 2023, with the last alleged incident occurring in April 2023 – The LCC rejected the complaint as time-barred – The Single Judge of the High Court reversed the LCC&...
Civil Law – Counter-Claim – Maintainability – Defendant no.2 sought to file a counter-claim for specific performance of an agreement dated 21.10.2011 and partition of property after issues had already been framed in the suit filed by the plaintiff for declaration and injunction – Trial Court rejected the application citing bar under Limitation Act and principles of CPC, esp...
Environmental Law – Environmental Clearance – Building and Township Projects – Appeals under Section 22 of the NGT Act filed by CREDAI, Godrej Properties, and Sai Sahara Developers challenging NGT order dated 09.08.2024 – NGT had held that General Conditions (GC) under EIA 2006 Notification apply to Item 8(a) (Building and Construction) and Item 8(b) (Township/Area Developm...
Maintainability of Second SLP – Dismissal of Earlier SLP Without Leave – Abuse of Process – A second SLP was filed challenging the same High Court judgment after the earlier SLP had been dismissed without granting leave – The petitioner argued that the non-speaking dismissal did not bar a second SLP relying on S. Narahari v. S.R. Kumar – Held: The earlier dismissal co...
Civil Writ - Habeas Corpus – Child Custody – Maintainability under Article 226 – Petition by grandfather for custody of minor against mother – Though remedy under Guardians and Wards Act exists, writ maintainable to protect liberty of minor when detained by person not legally entitled under personal law – Supreme Court in Tejaswini Gaud v. Shekhar Tewari (2019) 7 SCC ...
Family Law - Senior Citizens Act – Scope of Maintenance under Section 9 – Lump Sum Compensation of ₹5,00,000/- Ordered by Tribunal – Quashed – Tribunal granted ex parte order directing children to pay ₹5,00,000/- compensation to senior citizen parents and restore possession – Held: Act provides only for recurring maintenance up to ₹10,000/- per month under Secti...
Taxation Law - GST Search – Advocate’s Office – Attorney–Client Privilege – Seizure of CPU – Safeguards Imposed – The petitioner, an advocate, challenged the search and seizure conducted at his office by the GST Department, including the seizure of his CPU containing confidential client data. The Court emphasised that an advocate’s office enjoys prot...
Waterlogging of Educational Institution – Suo Motu PIL – Breach of Agricultural Bund – District Collector’s Duty – Pursuant to the letter of students and teachers, Court initiated suo motu PIL – District Collector convened joint meetings of authorities and initiated dewatering, sanitation, and safety measures – Ad hoc committee formed to continue under Col...
Transfer of Civil Suit – Apprehension of Influence – Fair Trial Principle – Transfer Allowed – Applicants sought transfer of civil suits from Garhshankar to another jurisdiction citing apprehension of bias due to involvement of a local advocate, Madhu Bala, who earlier filed suit on behalf of the respondent and had influence over the local Bar – Entire Garhshankar Bar...
Civil Law – Partition Suit – Maintainability – CPC S.100 – Plaintiffs (daughters and wife of deceased owner) sought partition of self-acquired property of late S. Sarvayya who died intestate in 1982 – Defendants 1 to 3 (sons) sold property in 2004 to Defendants 4 & 5, leaving out daughters – Appellants (purchasers) contended suit not maintainable witho...