Hindu Law – Maintenance – Unmarried Daughter – Statutory Obligation of Father – Appellant (father), a government teacher earning ₹44,642 per month, challenged decree granting ₹2,500 per month as maintenance and ₹5,00,000 towards marriage expenses to his unmarried 25-year-old daughter – Held: Under Sections 3(b)(ii) and 20(3) of the Hindu Adoptions and Maintenanc...
Land Revenue – Correction of RoR – Natural Justice – Order recalling rent fixation and altering RoR passed by Additional Tahasildar without issuing notice or hearing the recorded tenants – Held: Violates settled principles of natural justice; order quashed; matter remanded for fresh hearing [Paras 4-6, 8].
Record of Rights – Correction without Notice – Audi A...
Wildlife Law – Translocation of Captive Deer – Ecological and Welfare Standards – DDA’s decision to translocate approximately 600 spotted deer from A.N. Jha Deer Park, New Delhi, to Rajasthan and Asola Bhatti Wildlife Sanctuary upheld by the High Court – Petitioner (NGO) alleged violations of the Wild Life (Protection) Act, 1972 and IUCN guidelines – Supreme Cou...
Writ Petition – Suppression of Material Facts – Abuse of Process – Clean Hands Doctrine – Petitioners challenged 33KV transmission line being laid through residential area citing safety concerns and violations of Indian Electricity Rules – However, petitioners failed to disclose ongoing civil suit on identical subject matter with interim relief already granted by Tria...
Labour Law – Gratuity – Forfeiture – Post-Employment Conduct – Petitioner-company forfeited gratuity under Section 4(6)(b)(ii) of the Payment of Gratuity Act citing breach of post-resignation confidentiality and non-compete clauses – Allegation that respondents joined rival firm and misused trade secrets – Held: Even assuming misconduct, alleged acts occurred af...
Family Law – Custody of Minor Children – Split Custody – Welfare of Child Paramount – Preference of Minor Considered – Family Court granted custody of elder daughter to mother and younger son to father – Appellant-mother sought custody of both children to restore sibling bond – Held: Both parents are educated and financially stable; minor son (aged 11) has...
Rent Law – Fair Rent Fixation – Retrospective Operation – Equitable Relief – Arrears – Tenant Surrender – Delay in Proceedings – Tenant cannot be burdened with arrears at newly fixed fair rent retrospectively from 2013 when rent control proceedings prolonged for over a decade – Appellate Court had fixed Rs.32,000/month with 5% annual increase from 20...
Property Law – Self-Acquired Property – Female Hindu – Title Dispute – Appeal by plaintiff claiming exclusive ownership over suit land purchased in 1963 – Plaintiff contended that sons (Defendants No.2 and 3) fraudulently mutated their names in revenue records and sold the property to Defendant No.1 – Trial Court and First Appellate Court dismissed the suit &nda...
Civil Law – Rejection of Plaint – Order 7 Rule 11 CPC – Non-payment of Sale Consideration – Plaintiff transferred property by registered sale deed but claimed that consideration was unpaid and sought cancellation of deed and injunction – Trial court held that non-payment does not invalidate a completed sale – Appellate Court affirmed rejection of plaint – ...
Education Law – Excess Admissions – Pharmacy Course – Writ appeal filed by student whose admission was cancelled due to college exceeding the Pharmacy Council’s sanctioned intake – Pharmacy Council refused to regularise over-admission citing academic standards and regulatory discipline – Held: No authority vested in college or court to approve admission beyond P...