Civil Procedure – Return of Plaint – Withdrawal for Want of Jurisdiction – Suit Reinstated for Proper Transfer - Petitioner had withdrawn suit due to lack of jurisdiction of Mandi Court but later sought return of plaint under Order 7 Rule 10 CPC – Trial court refused on ground that file had been consigned to record – Held: Trial court erred in not exercising jurisdict...
Civil Writ – Employment Law - Recruitment Process – Eligibility Criteria – Non-Qualification in Preliminary Test – Appeals Dismissed - Appellants were not issued hall tickets for the 3rd level of Police Constable (Civil) recruitment test – Though they participated in 2nd level physical tests based on interim orders, they had failed the 1st level (preliminary written t...
Consumer Protection Act – Uniform Service Conditions – Judicial Directions Issued – Disparities in salary and allowances across different States for members and presidents of Consumer Commissions noted – Court invoked powers under Article 142 to ensure standardization – Directions issued aligning remuneration with judicial pay scales and protecting last drawn pay [Par...
Matrimonial Law – Divorce - Mental Cruelty – Filing of False Criminal Complaint – Divorce Upheld – The wife filed a criminal case under Section 498-A IPC and Sections 3 and 4 of the Dowry Prohibition Act against the husband and his family, leading to their arrest and bail – The charges were not proved and they were acquitted – Held: The act of filing such unsubs...
Arbitration – Limitation – Date of Cause of Action – Arbitral Proceedings Held Timely – Appellant argued claim was time-barred from 2006 due to early land handover – Court held cause of action arose only in 2010 when State confirmed concession period's end date, and arbitral proceedings commenced in same year – Held: Claim within limitation [Paras 5-11].
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Civil Law - Usufructuary Mortgage – Redemption Rights – Mortgage Does Not Mature into Ownership by Lapse of Time – Plaintiffs’ Ownership Upheld – The plaintiffs sought declaration and possession over ancestral land, claiming merger of mortgage and ownership rights and redemption of mortgage – Held: The Lower Appellate Court erred in holding that the defendants&r...
Service Law – Writ - Army Officer Dismissal – Refusal to Participate in Regimental Religious Rituals – Dismissal Upheld – Petitioner, a Christian Army officer, declined to enter the sanctum sanctorum of Mandir/Gurudwara during religious parades citing faith-based reasons – Held: His conduct constituted willful disobedience of lawful command under Section 41 of the Arm...
Family Law – Divorce – Mental Cruelty – Decree Granted – Trial Court’s Dismissal Reversed – Appellant/husband filed suit seeking divorce on grounds of cruelty and desertion – Alleged public humiliation, false threats, and refusal of cohabitation by respondent/wife – Wife filed written statement but failed to lead evidence or cross-examine husband &nd...
Family Law - Hindu Marriage Act – Section 27 – Independent Application for Return of Stree Dhan – Not Maintainable – Impugned Judgment Set Aside – Family Court passed order under Section 27 of the Hindu Marriage Act independently, without pendency of any matrimonial proceeding under Sections 9 to 13B – Held: Section 27 does not create an independent cause of act...
Civil Procedure – Rejection of Plaint – Scope under Order VII Rule 11 – Petition for rejection of plaint on ground of undervaluation and jurisdiction dismissed – Trial Court held suit for injunction over trademark “Shahi Sikka” was not barred by law and disclosed cause of action – Held: At threshold, only plaint averments are relevant and no legal bar or u...