PIL - Disability Rights – Constitutional Interpretation – RPwD Act – Judicial Directions – Court Declares Accessibility a Constitutional Mandate – The Court held that disability is not a deficit but a form of diversity – Failure to provide accessible systems is a constitutional violation – Courts must uphold inclusive frameworks to ensure dignity, autonomy...
Matrimonial Law – Divorce – Admissibility of Electronic Evidence – Section 14 of Family Courts Act – WhatsApp Chats Admissible – The petitioner/wife challenged the Family Court’s order permitting the husband to mark WhatsApp chats as evidence alleging violation of her right to privacy – Held: Under Section 14 of Family Courts Act, Family Courts are n...
Consumer Law - Medical Negligence – Scope of Pleadings – Consumer Fora Jurisdiction – Complaint alleged negligence only in post-delivery treatment – NCDRC held negligence in antenatal care despite no such pleading – Held: Fora cannot build a new case for complainant; decision must rest within pleadings [Paras 26-30].
Medical Negligence – Expert Opinion &ndash...
Civil Law - Ex Parte Proceedings – Application to Set Aside – Order 9 Rule 7 CPC – Trial Court imposed condition of Rs.25,000/- for permitting cross-examination of PW1 – Defendants failed to comply, application dismissed – Held: Conditional costs excessive – Opportunity must be given to defend case – Conditional order modified to Rs.5,000/- [Paras 5-9].
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Stamp Duty – Section 45-A, Karnataka Stamps Act, 1957 – Undervaluation – Deficit duty of Rs.12,42,975/- with cess and deficit registration fee demanded – Petitioners contended property purchased under 2004 agreement, possession delivered in 2007, sale deed executed in 2017 – Respondent No.3 ordered deficit duty after spot inspection – Appeal filed with delay bef...
Labour Law - Unfair Labour Practice – Pump Operators – Regularization – Workmen employed for decades in perennial duties of water supply through contractors – Corporation itself admitted essential and continuous nature of work – Failure to issue termination letters or contractor licences under CLRA Act – Held: Corporation guilty of unfair labour practice under I...
Expunction of Adverse Remarks – Counsel’s duty of candour – Article 136 – Remarks Expunged – High Court, while deciding W.P. No. 6228 of 2022, recorded displeasure at the conduct of counsel (appellant) for not disclosing that the constitutional validity of amended Rule 6 (upheld in W.P. No. 18699/2020) had not been overturned – Appellant tendered unconditional a...
Family Law - Divorce – Cruelty & Desertion – Section 13(1)(ia) & (ib) Hindu Marriage Act – Irretrievable Breakdown – Marriage dissolved – Appellant sought divorce alleging cruelty and desertion—Trial Court dismissed citing wife’s dowry complaint and suppression of earlier restitution proceedings—Appellant and family later acquitted in crimina...
Civil Writ - Paddy Land – Classification Error – Kerala Conservation of Paddy Land and Wetland Act, 2008 – Rejection of Form 5 application without inspection/satellite images – Order Quashed – Petitioner’s land wrongly included in data bank as “paddy land”—Authorised officer dismissed exclusion application mechanically based only on Agricultura...
Promissory Note – Proof of Debt – Presumption under Negotiable Instruments Act – Decretal Amount Restored – The Trial Court decreed the suit for ₹35,29,680 based on a promissory note acknowledging receipt of ₹30,80,000 – The High Court reduced the recoverable amount to ₹22,00,000 on the ground that only this portion was evidenced by bank transactions – Hel...