Matrimonial Law - Compromise in Matrimonial Dispute – Allegation of Lack of Informed Consent – Fresh Opportunity Granted – Wife opposed recording of compromise agreement reached before counsellor, alleging she was unaware of its full terms and was denied legal advice—Family Court dismissed her objection—Held: No evidence was adduced by wife to support her claim, but s...
Arbitration Law – Maintainability of Writ under Article 226 – Exception to Rule of Execution – Petitioners sought writ of mandamus for enforcement of arbitral award of ₹61.54 crores related to municipal waste management project—Though execution petition was pending, Court held: Extraordinary delay and non-payment for over 12 years despite decree justified writ juris...
Education Law – Eligibility Criteria for BDS Course – 50% PCB Requirement – Rounding-Off Not Permitted – Appellant had 49.66% marks in Physics, Chemistry, Biology (PCB) in 10+2—Did not meet 50% eligibility criteria under Clause 6 of notification dated 10.06.2016—Family Court and Single Judge held rounding-off impermissible—Appellant’s name struck off...
Civil Law – Recovery - Matrimonial Property – Return of Gold Ornaments – Evidence from Marriage Register and Photos – Decree Enhanced – Wife claimed 60 sovereigns of gold ornaments were given at time of marriage—Marriage register and photos supported her version—Respondents alleged only 25 sovereigns, part of which was pledged—Court found 60 sovereig...
Civil Law - Foreigners Act – Declaration of Appellant as a Foreigner - Burden of Proof – Section 9 – Failure to Establish Citizenship – Appellant declared foreigner for entering India after 25.03.1971—Tribunal and High Court found documentary evidence inconsistent and untrustworthy—Held: Burden under Section 9 not discharged—No error in concurrent fi...
Customs Law – Section 14(1), 14(2), 27, 142 of the Customs Act - Refund of Duty – Encashment of Bank Guarantee Not ‘Payment’ – Refund Allowed – Appellant furnished bank guarantees for differential customs duty under High Court orders—Upon High Court’s dismissal, department encashed guarantees—Supreme Court held: Bank guarantee encashment ...
Civil Writ - Public Employment – Recruitment Process – Junior Accountant Selection Challenge – Petitions Dismissed – Petitioners assailed the selection process and final appointments of Junior Accountants, raising grievances related to the merit list, document scrutiny, and transparency – The Court held that unless there is proven illegality, irrationality, or procedu...
Family Law – Divorce on Ground of Cruelty – Mental and Physical Harassment – Divorce Upheld – Respondent-husband alleged harassment, multiple false criminal cases, physical violence, and forcible ouster of parents by appellant-wife – Family Court found repeated acts of cruelty including 45 FIRs, threats, assaults, and financial control – Divorce decree affirmed ...
Company Law – Interim Injunction - Order 39 Rules 1 and 2 of the CPC Club Governance – Use of Facilities by Overage Dependents – Appeal Dismissed – Appellants, overage dependents termed “Green Card Holders,” sought interim protection against termination of access to Delhi Gymkhana Club—Held: AoA of the Club does not create enforceable rights for dependents...
Banking Law – Priority of Secured Creditors – Section 31-B RDB Act – Petitioner bank sought recovery of ₹79.74 crores against defaulting borrower, with mortgaged properties under DRT attachment—Respondent tax department sought to sell same properties for ₹29 lakhs in VAT dues—Held: Section 31-B of RDB Act, inserted in 2016, grants absolute priority to secured cred...