Civil Law – Damages Suit - Electrocution Death – Strict Liability – Appeal Allowed – Trial Court awarded ₹5,08,400/- compensation to widow, children, and mother of deceased who fell from open terrace onto high-tension wire—High Court held that principle of strict liability under Rylands v. Fletcher and M.C. Mehta v. Union of India not applicable where accident was d...
Taxation Law – GST – Provisional Attachment – Reissuance of Provisional Attachment Orders Post-Lapse – Validity – Respondent issued fresh provisional attachment orders on 13th November 2024 and 18th December 2024 claiming them to be a ‘renewal’ of earlier orders dated 17th and 26th October 2023 – Appellant challenged the orders before Gujarat High Co...
Civil Law - Challenge Ordinance - Temple Management – Constitutionality of Ordinance – Prior Judicial Directions Modified – Interim Committee Constituted – Status Quo Restored – The Supreme Court dealt with a batch of writ petitions challenging the Uttar Pradesh Shri Bankey Bihari Ji Temple Trust Ordinance, 2025, and seeking modification of earlier directions allowing...
Judicial Service Law – Appointment from Waitlist – Rule 18 of DJS Rules – Petition Dismissed - The petitioner, waitlisted at Rank 5 under unreserved category in Delhi Judicial Services Exam 2022, sought appointment upon resignation of a selected candidate who had already joined – Held: Rule 18(vi) permits appointment from waitlist only in case of non-joining, not post...
Guardianship and Child Custody – Interim Custody During Summer Vacation – Expedited Order Directed – Petitioner-father sought interim custody of minor son during summer holidays pending decision in OP(G&W) No. 921/2021—Family Court delayed disposal of application—High Court directed disposal of IA No. 22/2025 (Ext.P7) without delay—Held: Delay could render a...
Writ Petition – Ex-parte Decree – Order 5 Rule 17 CPC – Section 96(2) CPC – Section 224 Rajasthan Tenancy Act – Three impugned judgments quashed – Petitioner assailed ex-parte decree (09.05.2002) and affirming appellate orders (21.07.2004; 22.09.2020) on ground of defective service and denial of hearing – Held: Appeal under Section 96(2) CPC against an ex-...
Bar Association Election – Interim Stay by Bar Council of India – Writ Petition for Recount of Votes – Petition Disposed – The Bar Council of Punjab and Haryana had ordered a recount of votes in the election for President, District Bar Association, Chandigarh—Bar Council of India stayed the recount pending revision—Petitioner approached High Court seeking relief...
Matrimonial Law - Divorce – Mutual Consent – Section 13B HMA – Cooling-off Period Waived – During pendency of appeals, parties settled disputes and filed joint petition for divorce under Section 13B—High Court satisfied of voluntary, collusion-free consent—Held: Irretrievable breakdown of marriage established; parties living separately since 2017—Cooling-o...
Arbitration Law – Estoppel by Conduct – Consent Decree from Arbitral Award – Interim Measures Sought – Held Maintainable – Parties jointly appointed arbitrator and secured a consent decree in terms of the arbitral award which was not challenged – Respondents later opposed execution by claiming award was nullity under Section 92 CPC – Held: Respondents are ...
Limitation Law - Restoration of Appeal – Delay of 5,250 Days – High Court Order Set Aside – Appeal Allowed – Appellant challenged High Court’s order condoning an inordinate delay of 5,250 days in filing a restoration application for a First Appeal dismissed for non-prosecution – Restoration was granted in absence of non-applicants based only on affidavit of priv...