Child Custody – Welfare of Minor Child – Custody Granted to Mother - The appellant challenged the Family Court's order granting custody of a four-year-old minor girl to the mother under Section 6(a) of the Hindu Minority and Guardianship Act, 1956 – The Court reaffirmed the settled principle that custody of a minor child under five years should ordinarily be with the mother u...
Motor Accident Claim – Compensation Assessment – Evidentiary Weight of Salary Certificate – Income Restored - The High Court reduced the compensation by reassessing the deceased's monthly income at ₹15,000 despite a salary certificate (Exh. 5) produced by the claimants evidencing ₹35,000 – The Supreme Court held the salary certificate to be uncontroverted and thus b...
Service Law – Recruitment by Transfer – Eligibility and Probation Requirement – Review Dismissed – Petitioners sought review of a common judgment holding that only candidates with declared probation were eligible for appointment by transfer to the post of Assistant Professor – Petitioners argued that both Health Services and Medical Education Departments constituted f...
Civil Law - Partition Suit – Identity of Deceased Ancestor – Discrepant Names in Records – Identity Confirmed – Dispute arose over whether Baroda Mondal and Baroda Prasad Mondal were the same person—Appellants claimed two different persons; respondents claimed singular identity—Held: Cumulative circumstantial evidence including consistent paternal link, common a...
Arbitration and Land Acquisition – Solatium under Section 23(2) of Acquisition Act – Scope of Section 37 of Arbitration Act – Appeals Dismissed – Petitioners sought inclusion of solatium in compensation for land acquired under the Highways Act – Held: Though solatium is statutorily payable after the striking down of Section 3J in Tarsem Singh, neither the arbitral awa...
Civil Law – Ad Interim Injunction - Tender Process – Swiss Challenge Method – Validity Upheld – Plaintiff Challenged Debt Assignment Notice – Swiss Challenge Method Recognised by Law – Court Held: RBI Master Circular and precedent in Ravi Development v. Shree Krishna Prathisthan support the method – Selection of Anchor Bidder not required to be disclosed &...
Civil Law - Partition Suit – Modification of Preliminary Decree – No Notice to Purchaser – Dismissal Upheld – Preliminary decree defining co-sharers' shares passed in 1979 – After death of a co-sharer in 1993, another co-sharer sold disputed share without seeking court modification – Application to recall 2012 order modifying decree rejected – Held: Le...
Civil Law - Court Fees – Partition Suit – Article 17(vi) vs. Section 7(iv)(b) of the Court Fees Act – Fixed Court Fee Payable – Defendant no.2 sought rejection of plaint arguing plaintiff was not in possession and must pay ad valorem court fee – Plaintiff, as Class II heir, pleaded constructive possession and cited tenancy in one of the properties – Held: Plaint...
Civil Law – IBC - Moratorium under IBC – Bar on Institution of Proceedings – Section 14 of IBC – Suit Filed During Moratorium Held Non Est – The respondent instituted a suit for declaration, possession and rent recovery against the applicant company during the moratorium period imposed under Section 14 by the NCLT – Held: The suit was filed on 21.01.2022 during ...
Service Law – Withdrawal of Appointment – Arbitrary Action – Appointment Upheld – Petitioners were selected for the post of Producer at EMMRC, BBAU and issued formal offer letters dated 08.06.2018, which they duly accepted – University later withdrew the appointments via order dated 27.11.2019 citing procedural irregularities in the Selection Committee – Held: T...