Civil Law - Pleadings – Rejection of Plaint – Order VII Rule 11 CPC – Limitation and Customary Law – Rejection Not Permissible Without Evidence – The petitioner sought rejection of a plaint invoking Order VII Rule 11 CPC, arguing that the claim of inheritance based on a 1926 mutation and the Customary Law barring inheritance through daughters disclosed no cause of act...
Civil Law - Order 18 Rule 17 CPC – Scope and Purpose – Witness Recall Rejected – Petitioner sought recall of plaintiff witnesses PW-2 to PW-4 for further cross-examination on the ground that certain material questions were omitted earlier – Held: Provisions of Order 18 Rule 17 CPC are meant for clarification of doubts by the Court and not to fill lacunae in a party’s ...
Matrimonial Law – Contempt - Visitation Terms – Alleged Violation of Family Court Order – Contempt Petition Filed – Petitioner alleged that respondent breached visitation conditions by taking videos and disrupting her workplace during court-permitted visitation with children – Held: No merit in allegations; conduct of petitioner and her associates was provocative &nda...
Civil Law - Partition Suit – Hotchpotch Principle – All Joint Properties Must Be Included – Plaintiffs sought partition of certain plots jointly inherited from Sailabala Mitra—Trial court passed preliminary decree declaring 8 annas share each to plaintiffs and defendants—Held: Appellants’ claim that other joint properties of common ancestors were omitted from su...
PIL - Affidavits – Unauthorised Fees For Affidavit Photo Identification - Acceptance of Notarized Affidavits – Practice Clarified – Court held that affidavits sworn before Notary Publics appointed under the Notaries Act, 1952 are valid—Directed that all filings supported by such affidavits shall be accepted by the Registry/Stamp Reporting Section at Allahabad and Lucknow be...
Environmental Law – Classification of Zudpi Jungle as Forest – Historical Usage vs. Legal Interpretation – Forest Status Upheld – Despite historical non-forestry use and poor vegetative quality, Zudpi Jungle lands recorded as forest in revenue records must be treated as ‘forest’ for the purpose of Section 2 of the Forest (Conservation) Act, 1980 in view of the 1...
Civil Law - Industrial Land Allotment – Cancellation by UPSIDC – Appeal dismissed – Kamla Nehru Memorial Trust challenged UPSIDC’s cancellation of land allotted for floriculture – Court found that the appellant defaulted in payments, failed to execute lease deed, and did not comply with agreed conditions – UPSIDC followed due procedure including multiple legal n...
Environmental Law – Urban Redevelopment – Recreational Park vs. Historical Water Body – Appeal allowed – High Court had directed restoration of a lake allegedly obliterated due to a beautification project by MCGM – Supreme Court found no conclusive evidence that the water body was functional at the time of redevelopment – Held: Transformed urban green space offe...
Family Law – Maintenance under Section 24 Hindu Marriage Act, 1955 – Justified Quantum – Respondent-wife filed application for interim maintenance during pendency of divorce proceedings – Family Court, based on income affidavits and records, assessed husband’s monthly income at ₹47,128 and granted ₹15,000 as maintenance (₹8,000 for wife, ₹7,000 for child...
Civil Law – Matrimonial - Amendment of Pleadings – Order VI Rule 17 CPC – Belated Application – Delay Tactics Found – Amendment Set Aside – Respondent sought to amend his written statement after ten years of divorce proceedings to include a counter-claim for restitution of conjugal rights – Amendment was filed after conclusion of evidence and final hearing...