Service Law – Writ - Compulsory Retirement – Public Interest – Clause 22(2) FCI Staff Regulations – Writ Dismissed – Petitioner challenged the order of compulsory retirement and subsequent rejection of representation, contending non-consideration of satisfactory service record in preceding five years and recent promotion – Held: Reviewing Committee rightly consi...
Limitation Law - Motor Accident Claim – Disbursement of Compensation – Review Rejected – Delay Not Condoned – Appellant sought review of Tribunal's disbursement order alleging unfair distribution of compensation among legal heirs – Tribunal rejected review on grounds of delay (6 months, 22 days) and absence of medical evidence – High Court affirmed dismissal...
Family Law - Divorce on Grounds of Cruelty and Desertion – Appeal Dismissed – Appellant-husband challenged the Family Court's rejection of his divorce petition under Section 13(1)(ia) and 13(1)(ib) of the Hindu Marriage Act – Alleged cruelty due to wife's medical issues, abusive behavior, and property pressure – Also alleged desertion without cause – Held: App...
Civil Law – Specific Performance of Agreement to Sell New Tenure Land – Appeal Dismissed – Plaintiff sought enforcement of a 1980 agreement to sell land which was then classified as new tenure agricultural land – No permission under Section 43 of Gujarat Tenancy Act obtained – Both Trial Court and First Appellate Court rejected plaint under Order VII Rule 11 &nd...
Public Interest Litigation – Government Resolution establishing Additional Tahsildar office – Sections 4, 7 & 13, Maharashtra Land Revenue Code – Scope of power – GR dated 18.07.2023 created office of Additional Tahsildar at Kasar Shirsi, allocating 63 villages under its jurisdiction – Petitioners contended that such creation amounted to constitution/reconstitutio...
Article 227 – Territorial jurisdiction – DRAT situs vs. DRT situs – Petition dismissed for want of jurisdiction – Petitioner challenged DRAT, Kolkata’s pre-deposit order (05.07.2024) and dismissal order (04.09.2024) arising out of DRT, Guwahati’s ex parte decree – Held: For challenges under Article 227 to orders of an appellate tribunal (interim or final) ...
Civil Law - Title and Possession – Dismissal Confirmed – The appellants (plaintiffs) sought declaration of title, possession, and alternatively partition, over land alleged to be part of a tank acquired by their father – Trial Court and First Appellate Court concurrently found that the defendants were in possession for over 25 years, pursuant to a 1984 family partition, and plain...
Civil Writ - Conversion Of Article 227 Petition Into An Appeal - Arbitral Award – Rejection of Objections under Section 34 – Article 227 Petition – Maintainability Disputed – The petitioner challenged the rejection of objections under Section 34 of the Arbitration Act via a petition under Article 226, later converted to Article 227 – Respondents objected on the ground...
Family Law - Child Custody/Visitation – Best Interests of the Child – Sections 25 GWA & 13-B HMA – Video Interaction Directed – Matrimonial discord led to competing custody proceedings; High Court dismissed father’s appeal noting prior breach of interim custody and child’s residence with mother – Before Supreme Court, father confined relief to video-co...
Specific Performance – Proof of Agreement and Consideration – Trial Court decreed suit; First Appellate Court reversed – plaintiff relied on agreement dated 30.11.2015 alleging full cash payment of ₹20,00,000 and extension endorsement to 30.04.2016 – High Court found material contradictions: scribe not identified, plaintiff unsure where/when document was executed, attesti...