Civil Law - Partition Suit – Withdrawal by Plaintiff – Order 23 Rule 1 CPC – Memo to Withdraw Dismissed – In a family partition dispute, plaintiff sought withdrawal of suit after 11 years, citing settlement and acceptance of prior partition deed – Respondents 1 & 2, legal heirs of original defendants, objected, asserting right to seek share – Trial Court, re...
Civil Law - Review – CPC Order 47 Rule 1 / Section 114 – “Innocuous” Direction Procured by Suppression – Recall Justified – Common order dated 23/06/2025 in W.P. No. 22484/2025 directed CMDA to consider petitioner’s representation without notice to the affected builder; review applicant showed that material facts (consents/agreements, EC minutes, pending c...
Service Law – Withholding of Gratuity – Rule 2.2(b), 2.2(c) & 9.14 Punjab CSR – Criminal Case Unrelated to Official Duty – Petition Allowed – Petitioner retired in 2004, gratuity withheld due to criminal proceedings—convicted in 2013 but acquitted by High Court in 2018—State’s appeal pending in Supreme Court—Court held Rule 2.2(b) applies o...
Civil Law – Recovery Suit – Bonds – Jurisdiction, Limitation & Interest – OSA No. 3/2016 allowed; OSA No. 5/2015 dismissed – Plaintiffs (H.P. State Co-operative Bank) subscribed to UPSFC SLR Restructured Bonds worth Rs.9.5 crores in 2005 with 8% p.a. interest, guaranteed by the State of U.P. – Interest of Rs.76 lakhs for Aug 2006 and Feb 2007 instalmen...
Civil Writ – PIL - Lonavala-Khandala – Ecological Preservation – Urban Planning – PIL for Infrastructure and Regulation of Construction – Continuation of Expert Committee till New Development Plan – Petition partly allowed – Petitioners sought directions to regulate uncontrolled development, demolish illegal structures, and provide infrastructure...
Transgender & Intersex Persons Policy – Implementation & Reforms – Transgender Persons (Protection of Rights) Act, 2019 – Court Directions Issued – In writ petition concerning rights of transgender persons, the Court noted with appreciation the State’s notification of the Tamil Nadu State Policy for Transgender Persons, 2025 – Considered community sugges...
Civil Law - Secondary Evidence – Will – Sections 65 & 66 Evidence Act – Order Allowing Secondary Evidence Set Aside – Trial court permitted plaintiff to lead secondary evidence of registered Will without prior notice under Section 66 to Halqa Patwari alleged to have custody of document—Halqa Patwari earlier impleaded as defendant but later deleted from array of pa...
Civil Revision - Court Fee – Maintainability of Revision by Defendant – Petition Dismissed as Withdrawn – The petitioners challenged the trial court’s order rejecting their application under Order 7 Rule 11 CPC on grounds of improper court fee – Held: As per settled law, revision against decisions on court fee at the instance of the defendant is not maintainable &ndas...
Arbitration Law - Arbitral Jurisdiction – Judicial Review under Articles 226/227 – Scope of Intervention Limited – The writ appeal challenged the Single Bench’s interference with an arbitral tribunal’s order under Section 16 of the Arbitration Act – Held: High Court’s intervention under Article 226/227 is impermissible unless there is a patent lack of juri...
Labour Law - Workmen’s Compensation – Workmen’s Compensation Act - Employer's Liability to Pay Interest – Condition in Insurance Policy Fabricated – Appeal Allowed – The appellants challenged the order of the Commissioner for Workmen’s Compensation directing them to pay interest on compensation amount, claiming the insurance company was liable &n...