PIL – Civil - Town Planning – Section 21(4A) vs. Section 162 MRTP Act – Composite Draft Development Plan – State Government Empowered – Petitioners challenged appointment of Respondent No.6 by the State under Section 162, arguing only the “concerned” officer under Section 21(4A) could prepare draft development plan following planning authority’...
Matrimonial Law - Permanent Alimony – Requirement of Application – Section 25 of Hindu Marriage Act – Alimony Award Quashed - Family Court had awarded Rs.70 lakhs as permanent alimony to the respondent-wife without there being a specific application, either oral or written – Held: Though the law does not mandate a written application, the absence of any application or praye...
Civil Law - Documentary Evidence – Post-Institution Sale Deeds – Relevancy Not Established – Leave Rightly Denied - Petitioners sought to introduce certified copies of sale deeds executed in 2019 while suit filed in 2010 was at argument stage—Held: Documents did not exist at time of suit, not referred in pleadings, and pertained to other survey numbers—Trial court cor...
Civil Writ - Recruitment – Eligibility Criteria – One-Year LLM Degree – Arbitrary Exclusion – Provisional Selection List Quashed – Petitioner, though securing first rank in written exam, excluded on ground that her LLM was of one-year duration – Notification did not specify LLM must be of two-year duration – Held: Arbitrary to exclude candidate where UGC r...
Civil Law – Sale Decree Challenged - General Power of Attorney – No Express Authority to Sell – Sale Deeds Held Void – Power Misused - Plaintiff executed GPA for property management in favour of his brother-in-law – GPA holder executed sale deeds to his own relatives without plaintiff’s consent – Held: GPA lacked explicit authority to sell and sales were w...
Civil Procedure – Appointment of Advocate Commissioner – Order XXVI Rule 9 CPC – Discretion Properly Exercised - Petitioner challenged trial court’s appointment of Commissioner in a suit for declaration and injunction—Trial Court limited commissioner’s mandate to noting physical features only—Held: Commissioner’s appointment does not amount to illega...
Tenancy Law - Deemed Tenancy – Limitation on Successor Rights – Five-Year Cap – Defendant Not Protected – The petitioner, son of the deceased tenant, continued in possession after father’s death in 2016 – Held: As per Section 2(g) of the West Bengal Premises Tenancy Act, 1997, tenancy of dependent heirs (except spouse) is limited to five years – Plaintiff ...
Service Law - Exclusive Jurisdiction Clauses – Validity in Employment Contracts – Enforceable – The Court held that jurisdiction clauses conferring exclusive jurisdiction to courts in Mumbai in private employment contracts are valid and enforceable – A party who has agreed to such a clause cannot later file a suit in a different jurisdiction merely for convenience – H...
Tenancy Law - Deemed Tenancy – Section 15A Bombay Rent Act – Conducting Agreement Does Not Confer Tenancy Rights – Plaintiff claimed tenancy rights under Section 15A on the basis of a 1967 agreement titled as an agreement for conducting a hotel business – Held: The agreement clearly indicated an arrangement to conduct the owner's hotel business and did not confer posses...
IBC Disciplinary Proceedings – Scope of Judicial Review – Limited Interference – In exercise of writ jurisdiction, the Court does not sit as an appellate authority over findings of disciplinary bodies and restricts itself to assessing procedural propriety, adherence to principles of natural justice and proportionality – Held: The disciplinary process was not vitiated on jur...