Service Law – Dismissal from Judicial Service – Challenge to Rejection of Representations – Doctrine of Laches - Delay in Seeking Writ Relief – Petitioners’ termination orders were passed in 2002, but the writ petition was filed in 2017 – Challenge to similar termination orders was previously dismissed by the Full Bench of the High Court in 2008, and a review wa...
Education Law – School Attendance Monitoring – Validity of Circular – Appeal Dismissed – The appellants challenged a circular requiring school teachers to submit attendance via WhatsApp photographs, arguing that it contradicted the 2019 policy and infringed on privacy – The State defended the measure as a necessary step to ensure teachers' regular attendance, citi...
Wills – Validity – Proof of Execution – Appellant challenged appellate court's decision validating Will dated 07.06.1997 and declaring earlier Will void – Trial court found suspicious circumstances and invalidated later Will – Appellate court reversed trial court's decision – High Court upheld appellate court’s findings based on clear attestation a...
Family Law – Right to File Written Statement – Petitioner’s Right Closed by Family Court – The Family Court closed the petitioner’s right to file a written statement due to delay and subsequently dismissed the application seeking recall of the closure order – Held: Family Courts should adopt a liberal approach in matrimonial disputes, rather than applying strict...
Civil Law - Ad Interim Injunction – Denial by Trial Court – Legality – Held: The Trial Court erred in refusing ad interim injunction on the premise that lis pendens provides adequate protection – The court failed to assess whether the sale was vitiated due to fraud and misrepresentation by a single shebait claiming exclusive ownership – Injunction granted to prevent f...
Taxation Law - Reassessment Proceedings – Requirement of Failure to Disclose Material Facts – Jurisdictional Condition – Section 147 of the Income-tax Act – Reassessment notice issued after four years from the end of the relevant assessment year must satisfy the condition that income escaped assessment due to failure to disclose fully and truly all material facts – In...
Matrimonial Law - Transfer of Divorce Proceedings – Settlement During Mediation – Article 142 of the Constitution of India – Transfer Petition Disposed - The petitioner-husband sought transfer of the divorce petition filed by the respondent-wife from Family Court, Bandra, Mumbai, to Family Court, Karkardooma, Delhi – During pendency of the petition, mediation led to a mutua...
Adverse Possession – Mandatory Injunction – Joint Possession – Plaintiffs purchased ½ share of property from a co-owner and sought mandatory injunction for defendants' eviction – Defendants claimed adverse possession and exchange of property – Courts found defendants to be licensees, not co-owners – Defendants not entitled to protection under Section ...
Stamp Duty – Limitation on Recovery – Demand Notice Issued After Expiry of Statutory Period is Void - Petitioners were appointed as attorneys under a registered GPA in 1995—In 2010, authorities issued a notice demanding an additional ₹98,500 as shortfall in stamp duty—Petitioners challenged the demand, arguing it was time-barred under Section 46A of the Karnataka Stamp Ac...
Civil Law - Intellectual Property Rights – Personality and Publicity Rights – Interim Injunction – Plaintiff, a renowned film director, producer, and television personality, sought an interim injunction against Defendants from using his name “Karan Johar” in the title of the cinematographic film “Shaadi Ke Director Karan Aur Johar” / “Shaadi Ke Direc...