Writs—FCI recovery based on CAG report—Natural justice—Quashing of demands—Petitioners assailed recovery/withholding founded solely on CAG observations without supply of report, notice or hearing—Held: CAG reports are recommendatory and non-adjudicatory; adverse action cannot be founded solely thereon absent independent determination and due process—Impugned com...
Civil Law - Permanent Injunction - Personality/Publicity Rights – Unauthorized commercial exploitation and AI-generated misuse – Ex parte ad-interim injunction granted – Plaintiff alleged sale of merchandise and online content using his name, image, likeness, signature and other attributes, including AI/deepfake content and platform-facilitated listings – Held: Prima facie ...
Civil Writ - Service & Labour – Seniority Fixation – CIL Mining Executives – First Class Mines Manager Certificate (FCMMCC) – Horizontal placement vs. DPC cut-off – Direction to Reconsider – Petitioners (2009 direct recruits) sought notional seniority in E-4 from 30/09/2014 at par with 2009 batchmates; respondents argued eligibility depends on timely submiss...
Civil Revision – Partition Suit by Granddaughter – Hindu Succession Act – Suit Not Maintainable – Plaintiff sought partition and possession of maternal grandfather’s property during lifetime of her mother (coparcener) – Court held: granddaughter not coparcener; property is obstructed heritage, not ancestral in her hands – Only mother can seek partition &nd...
Specific Performance – Registered 1977 Agreement – Money-lending backdrop – Section 20 Specific Relief Act & Section 52 TPA – Decree Set Aside – Parties litigated over an alleged agreement to sell ancestral land in favour of deceased Ankush; Trial Court held the document was a sham/security for loans, First Appellate Court reversed – Held: On a holistic view...
Maintainability of Civil Suit for Compensation – Section 357 CrPC – Civil and Criminal Proceedings – Held Maintainable – Defendants argued that the civil suit was barred as criminal proceedings were already initiated for the same incident – Held: Section 357 CrPC permits both civil and criminal proceedings; courts must only avoid double recovery – Since no compe...
Civil Law – Limitation – Validity of Sale Deed – Plaintiffs claimed 1/3rd share in agricultural land – Alleged that sale deed dated 14.06.1973 executed in favour of defendant was fraudulent and without consideration – Trial Court dismissed the suit as time-barred – First Appellate Court decreed the suit holding that the sale deed was void and suit filed within 1...
Civil Writ - Habeas Corpus – Child Custody – Maintainability under Article 226 – Petition by grandfather for custody of minor against mother – Though remedy under Guardians and Wards Act exists, writ maintainable to protect liberty of minor when detained by person not legally entitled under personal law – Supreme Court in Tejaswini Gaud v. Shekhar Tewari (2019) 7 SCC ...
Maintainability of Second SLP – Dismissal of Earlier SLP Without Leave – Abuse of Process – A second SLP was filed challenging the same High Court judgment after the earlier SLP had been dismissed without granting leave – The petitioner argued that the non-speaking dismissal did not bar a second SLP relying on S. Narahari v. S.R. Kumar – Held: The earlier dismissal co...
Environmental Law – Environmental Clearance – Building and Township Projects – Appeals under Section 22 of the NGT Act filed by CREDAI, Godrej Properties, and Sai Sahara Developers challenging NGT order dated 09.08.2024 – NGT had held that General Conditions (GC) under EIA 2006 Notification apply to Item 8(a) (Building and Construction) and Item 8(b) (Township/Area Developm...