Civil Law - Order VI Rule 17 CPC - Amendment of Pleadings – Post-Trial Amendment – Due Diligence Requirement – Plaintiffs sought amendment after trial commenced, contending that they discovered fraud in a prior decree only when documents were marked in another suit—Held: Plaintiffs failed to establish due diligence as the defendants had disclosed all relevant documents in t...
Termination of Government Counsel – Violation of Principles of Natural Justice – Inquiry Based on Unverified Video – Termination Set Aside – The petitioner, who was serving as A.D.G.C. (Criminal) in District Hathras, was removed from his post by an order of the Joint Secretary, Law Department, based on an inquiry report alleging objectionable remarks against Mahatma Gandhi ...
Condonation of Delay – Delay of 586 Days in Filing Appeal – High Court’s Decision Set Aside – The High Court condoned the delay of 586 days in filing the appeal by subsequent purchasers, reasoning that they were senior citizens residing abroad and were unaware of the proceedings – Held: Mere passage of time or reliance on vendor’s assurances is not a sufficient ...
Service Law – Selection Process – Allegation of Nepotism – Rule against Bias – Validity of Appointments Upheld – The selection of Shiksha Karmis was challenged on the ground that several appointees were related to members of the selection committee, violating the principle of nemo judex in causa sua – The Collector quashed the selection without issuing notices t...
Reservation in PG Medical Courses – Constitutionality of Domicile-Based Reservation – Violation of Article 14 – The UT of Chandigarh reserved 50% of its State Quota seats for candidates with a background in Chandigarh—The High Court struck down this policy as unconstitutional—Held: Residence-based reservation in PG Medical Courses is impermissible and violates Article...
Electricity Regulation – Compliance with HERC Regulations – Consumer Protection – Directions issued to the petitioner to comply with Regulation 5.5 of HERC Single Point Supply Regulations – Petitioner alleged violation of natural justice principles for non-service of notice – The Court held that the petitioner was aware of the proceedings through its principal, M/s Ma...
Family Law – Permanent Alimony – Assessment of Husband's Financial Capacity – The husband challenged the trial court's award of ₹10 lakhs to the wife and ₹5 lakhs to the minor daughter as permanent alimony, while the wife sought enhancement of the amount – Evidence established that the husband had adequate financial means, including agricultural land, a petrol p...
Motor Vehicle Accident – Compensation for Disability – Reduction Challenged – The appellant, injured in a motor vehicle accident, suffered serious head injuries, including temporal and parietal bone fractures, resulting in 70% disability – Tribunal awarded compensation of ₹21,35,000, applying the multiplier method for loss of income – High Court reduced compensation...
Property Law – Revocation of Power of Attorney – Validity of Sale Deed Executed by Power Agent – Second Appeal – Dismissal – Suit Property originally owned by the plaintiffs through inheritance and subsequent acquisition – Plaintiffs executed a General Power of Attorney (G.P.A.) in favor of the first defendant as security for a loan – G.P.A. revoked by a r...
Employment Law - Caste Certificate Cancellation – Scope of State Level Scrutiny Committee – Rules Applicable – Petition Allowed – Order Quashed - The petitioner was issued a Scheduled Tribe (Kandha Christian) caste certificate under the Orissa Caste Certificate Rules, 1980. Based on an inquiry report, the State Level Scrutiny Committee canceled the certificate under the fra...