Family Law - Child Custody – Repetitive IA Requirement – Procedural Burden Criticized – Modified - The Family Court required the father to file fresh interlocutory applications for custody every time he visited India – Held: Such repetitive litigation imposes undue burden on non-custodial parent and child, disrupts planning, and hinders bonding – Supreme Court substit...
Arbitration Law – Scope of Judicial Review under Section 11 – Confined to Existence of Agreement – High Court Erred – Supreme Court reaffirmed that under Section 11(6A) of the Arbitration Act, courts are confined to examining the existence of an arbitration agreement – Determining arbitrability of individual claims is beyond this scope – Any issue of non-a...
Accident Claim - Motor Accident Compensation – Dependency – Married Daughter and Aged Mother – Partial Relief Granted – High Court erred in denying compensation to 70-year-old mother of deceased – Supreme Court held she was dependent on her daughter and entitled to compensation – Married daughter not proven as dependent and thus eligible only for compensation un...
Service Law – Departmental Misconduct – Disproportionate Punishment – Removal from Service Set Aside – Petitioner, a Class IV employee, was dismissed after being found guilty in a departmental enquiry for failing to arrive on time to escort a High Court Judge and allegedly being intoxicated – High Court upheld findings of misconduct based on statements of key witnesse...
Civil Law - Amendment of Pleadings – Scope under Order VI Rule 17 CPC – Amendment Rejected - The amendment sought by the plaintiff was not a mere correction but a substantive change converting the nature of the original suit for permanent injunction into a new suit for declaration, specific performance, and consequential reliefs – Held: Such an amendment was impermissible at the ...
Election Law – Challenge to Electoral Roll – Maintainability of Election Petition – Not Barred – Petition Alleges Illegal Inclusion of 587 Ineligible Voters Influenced by Candidate – Court held that objections to electoral roll alleging illegality and undue influence, if they materially affect the result of election, can be tried in an election petition – No abs...
Limitation Law - Delay Condonation – Re-litigation on Identical Grounds – Delay Not Condoned – Respondents' explanation for 1116 days delay in filing appeal under Order XLI CPC was previously adjudicated under Order IX Rule 13 CPC and dismissed by High Court and Supreme Court – Re-urging same grounds held to be impermissible and an abuse of process – Repetition of...
Civil Law - Title and Ownership – Failure to Prove Execution of Power of Attorney – Claim Dismissed – Plaintiff's claim of ownership through a 1993 sale deed allegedly executed via a power of attorney failed due to non-production of the power of attorney – The courts held that without proof of authority, the sale deed could not confer title – Further, the original...
Civil Writ - Judicial Review – Answer Keys in Competitive Exams – Limited Interference Permissible – The Court reaffirmed the settled legal principles from Ran Vijay Singh and Shubham Pal cases, holding that Courts should exercise restraint and interfere only when answer keys are palpably and demonstrably wrong – Judicial review is not excluded entirely, but limited to rare...
Service Law - Seniority vs. Qualification – By-Transfer Appointment – Seniority Not Decisive – Although the petitioner (Rajashree A.V) was senior in service, her B.Ed. qualification was in Natural Science, which is not in the same faculty as Sociology – Respondent (Subairabi P.) held B.Ed. in Social Science, which falls under the same faculty as Sociology – Government...