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...
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 – ...
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...
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...
Arbitration – Section 8 Referral – Prima Facie Standard – Alleged Forgery of Arbitration Agreement – Commercial Court exceeded jurisdiction by undertaking detailed evidence review – Allegations of fraud/forgery in contracts between parties do not bar arbitration – Formal validity under Section 7 satisfied – Substantive validity to be examined by Arbitral T...
Slum Areas – De-notification of Acquired Land – Legality – Petitioner’s land declared as slum in 1976 and later acquired under Section 17 of the Karnataka Slum Areas Act – Respondents issued possession certificates and began rehabilitation projects – State later de-notified the land citing financial burden and lack of finance department approval – Held: On...
Civil Law - Stamp Act – Validation of Document – Photocopy of Agreement – Admissibility – Civil Judge allowed validation of a photocopy of agreement to sell dated 05.03.2018 by directing payment of deficient stamp duty and penalty – Held: Contrary to law – Sections 33 and 35 of the Indian Stamp Act apply only to original instruments – Photocopies, even if ...
Civil Procedure – Partition Suit – Lis Pendens – Second Appeal filed by the 12th defendant, a lis pendens purchaser of item No.6 of suit property – Trial court excluded purchased portion from partition – Lower appellate court reversed the finding, holding that lis pendens purchaser’s rights are subject to outcome of suit – Held: Lis pendens purchaser canno...
Matrimonial Law – Divorce on Ground of Cruelty – Remand – Respondent-husband’s divorce petition was initially dismissed by the trial court – High Court reversed the finding and granted divorce on ground of cruelty based solely on oral testimony of the husband – Supreme Court found that the High Court failed to consider key questions including whether the appella...
Land Acquisition – Compensation – Parity with Similar Landowners – Appellants’ lands acquired for setting up MIDC Jintur in the 1990s – Compensation originally fixed at ₹32,000 per Acre – Reference Court enhanced it but High Court reversed enhancement – Supreme Court held appellants similarly situated to those in Manohar v. State of Maharashtra – H...