Hindu Law – Coparcenary Rights – Birthright in Ancestral Property – Partition Decree Upheld – 1st defendant alienated part of the suit property claiming it was self-acquired – Courts found that the property was purchased from ancestral nucleus – 2nd plaintiff (son) had a birthright as coparcener in his father’s share – Sale to 3rd defendant (aunt) co...
Land Use Conversion – School to Nursing Home – Statutory Breach – Conversion Set Aside – Court held that the impugned layout plan dated 25.10.2021 violated the procedure under Section 79(3) of the HSVP Act and
Sections 4 & 5 of the 1963 Act – No public objections were invited – Authorities acted ultra vires – Layout plan quashed [Paras 6–9...
Employment Law - Home Guards Recruitment – Prior Approval Under Section 3 of HG Act – Not Required for Selection – Approval Needed Only at Appointment Stage – Writ Allowed - Petitioner challenged refusal by Commandant-General to accord approval to selection list on the ground that prior approval was not obtained – Held: Section 3 of the Odisha Home Guards Act requires...
Criminal Law - Cross-examination – Discretionary Recall Power – Denied for Delay and Abuse – Petition Dismissed – Petitioners sought to recall complainant witness under Section 311 CrPC, citing medical issues of previous counsel – Court found this unsubstantiated and held repeated non-appearance and adjournments amounted to abuse of process – Held: Recall not a ...
Muslim Law - Probate and Will – Requirement of Proving Testamentary Capacity and Absence of Suspicion – Will Rejected - Appellant claimed two Wills executed by deceased Tajuddin Shaikh in his favour – Trial Court and High Court found multiple suspicious circumstances including inconsistency regarding property ownership timelines, typewritten Wills with identical wording, and lack...
Civil Law - Landlord-Tenant Relationship – Effect of Family Settlement – Maintainability of Release Application – Tenant’s Claim of Co-Ownership Rejected – The petitioner contended that he was not a tenant under respondent no.3 and had become co-owner by purchasing a part of the tenanted premises from respondent no.4 – Held: Based on oral family settlement betwe...
Service Law - Reservation in Promotion – Quantifiable Data – Constitutionality Upheld – Petitioners challenged reservation policy dated 07.10.2023 alleging non-compliance with requirements under Article 16(4A) – Held: Haryana Government had undertaken a detailed cadre-wise and group-wise study demonstrating inadequacy of SC representation – State complied with the con...
Civil Law - Procedure – Order XVIII Rule 1 CPC – Right to Begin – Plaintiff Entitled to Lead Evidence – Deviation Not Justified – The appellant challenged the direction of the learned Single Judge requiring him (defendant) to lead evidence first in a partition suit – The High Court held that as per Order XVIII Rule 1 CPC, it is the plaintiff who has the right to...
Tenancy Law - Tenancy Claim – Cultivation by Relative – Tenancy Denied – MRT Order Set Aside - Petitioner challenged the MRT’s order which upheld tenancy rights of Uttamrao Khot – Held: Mere cultivation by a relative or adopted family member does not establish tenancy – No rent receipts or tenancy agreement were produced – Respondent's claim fails unde...
Heatwave Crisis – State Inaction Amidst Climate Emergency – Directions Issued – Despite judicial orders in 2024, Rajasthan government failed to implement the Heat Action Plan or health preparedness schemes – Court criticized passive state response despite soaring temperatures and mass vulnerability – Suo motu action revived to enforce institutional accountability [Par...