Civil Law - Ex Parte Decree – Application under Order 9 Rule 13 CPC – Improper Service Alleged – Rejected – Petitioner challenged the ex parte decree passed in 2014 on grounds of improper service, asserting erroneous address and irregular Munadi – Held: Address used matched that in earlier sale documents signed by petitioner; service through Munadi was legally ordered...
Service Law – Non-disclosure of Criminal Case – Minor Offence – Appointment Restored – The appellant-State challenged the order directing appointment of a Scheduled Caste candidate on the ground of alleged suppression of a pending criminal case in the verification form – Held: The criminal case pertained to minor offences arising from a boundary wall dispute and was n...
Civil Law - Mutation - Inheritance – Succession of Issueless Hindu Male – Mother as Class-I Heir – Mutation in Favour of Class-II Heirs Invalid – Upon the death of Pritam Singh, who died issueless, his mother Smt. Santo was alive and the only Class-I heir under the Hindu Succession Act – Mutation of his share in land in favour of his siblings and sister Daro was...
Family Law – Bar on Fresh Suit – Order 13 Rule 1(4) CPC – Divorce Petition Dismissed – Wife initially filed a suit under Section 12 HMA for declaration of marriage as null and void—Withdrew it in Lok Adalat without seeking liberty to file fresh suit—Subsequently filed divorce petition under Section 13(1) HMA on same facts—Held: As per Order XXIII Rule 1(4)...
Family Law – Order VI Rule 17 CPC – Delay Tactics in Divorce Suit – Belated Amendment to Add Restitution Claim – Rejected – Respondent sought to amend written statement after 10 years of divorce proceedings to include counterclaim for restitution of conjugal rights—Court held: Application filed after evidence was closed and date fixed for final hearing—No ...
Service Law – Seniority and Promotion – Delayed Departmental Test – Petitioners challenged restoration of seniority and subsequent promotions of private respondents who cleared departmental test after prescribed probation period—Held: Promotions regularised by Board in 2020; challenge rendered infructuous—Petitioners’ earlier qualification did not override Board...
Environmental Law – PIL - Marine Fishing – LED Fishing, Bull Trawling and Pair Trawling Ban – Rule Made Absolute – Petitioners challenged large-scale illegal fishing using LED lights, DG sets, and banned trawling methods despite statutory prohibitions – Held: Ban orders issued in 2016 (State) and 2017 (Centre) were binding – DG sets were found used only to power...
Arbitration – Commencement Date under BOT Contract – Construction Start on Partial Possession Does Not Alter Commencement Date – Arbitrator Validly Held Date as 23.03.2006 – Court upheld arbitrator’s interpretation that full physical possession was a precondition under the agreement – Partial possession and early start by concessionaire irrelevant – Held: ...
Mining Law – Illegal Quarrying – Government's Revision Order Upheld – Petitioner challenged G.O. (D) No. 102 which reinstated original penalty of ₹32.29 crores for unauthorized quarrying—Court found the revised order legal and justified—Held: Earlier reduction of penalty by Commissioner was fraudulent, unconscionable, and caused loss to exchequer—Impugned ...
Civil Law - Matrimonial Property – Return of Ornaments and Wedding Payment – Partial Decree Sustained – Wife sought ₹3,04,000 under various heads including gold ornaments, Acharam, marriage expenses and presentation items – Family Court granted ₹50,000 (Acharam), ₹1,60,000 (20 sovereigns gold), ₹3,000 (almirah) – Appeal by husband dismissed except on interest ...