Summary Suit – Leave to Defend – Order XXXVII CPC – Principles for Granting Leave – The appellant issued post-dated cheques towards repayment of investment but later claimed they were forcibly obtained – The trial court rejected the leave to defend application and decreed the suit – Held: The appellant’s defence was frivolous and vexatious, raising no genu...
Civil Procedure – Discovery and Inspection – Order XI Rule 15 CPC – Right to Seek Inspection – The petitioners, plaintiffs in an eviction suit, filed an application under Order XI Rule 15 CPC seeking inspection of documents referred to in the written statement – The trial court rejected the application, stating that it was filed at a belated stage after the settlement...
Matrimonial Law – Divorce – Mental Cruelty – Section 13(1)(ia) of Hindu Marriage Act – The wife sought divorce on the ground that the husband refused to lead a marital life and neglected her without reasonable cause – The trial court found that the husband intentionally avoided conjugal relations, causing mental cruelty – Held: Mental cruelty is a subjective con...
Motor Accident Compensation – Functional Disability – Self-Employed Victim – The claimant-appellant suffered amputation of his right leg above the knee due to a motor accident – The Tribunal assessed permanent disability at 50%, while the High Court did not increase it – Held: The appellant, being self-employed, required mobility for his livelihood – The correct...
Motor Accident Compensation – Functional Disability – Self-Employed Victim – The claimant-appellant suffered severe injuries in a motor accident, leading to complete incapacitation – The Tribunal assessed permanent disability at 20%, while the High Court increased it to 100% – Held: The High Court correctly assessed the disability at 100%, as the appellant was unable ...
Civil Law - Execution of Decree – Fraudulent Transfer – Section 53, Transfer of Property Act – Judgment-Debtor's Transfer of Property Before Suit Filing – Held: Under Section 53 of the Transfer of Property Act, if a judgment-debtor transfers immovable property with an intent to defeat or delay creditors, such transfer is voidable at the creditor's option – Pet...
Civil Law – Suit for possession - Doctrine of Part Performance – Protection under Section 53-A of the Transfer of Property Act – Essential Conditions – Protection Denied – The appellant/defendant claimed protection under Section 53-A, arguing that she had taken possession of the property under an agreement of sale – The plaintiffs contended that possession was n...
Service Law - Delay in Filing Writ Appeals – Lethargic Approach of State Authorities – The State of Odisha challenged the High Court’s dismissal of Writ Appeals due to excessive delay – Held: The State displayed extreme carelessness and inordinate delay in pursuing appeals, failing to provide a satisfactory explanation – Courts do not assist those who sleep over their...
Right to Education – Medical Admission – Denial of MBBS Admission to a Candidate with Disability – The appellant, diagnosed with 58% disability, was denied admission despite clearing the NEET-UG exam with a qualifying rank – The Disability Assessment Board rejected his eligibility based on existing guidelines, which mandated that candidates must have “both hands intac...
Compassionate Appointment – Applicability of Financial Condition Criteria – Canara Bank Scheme of 1993 – The appellant bank rejected the respondent’s claim for compassionate appointment on the grounds that his family was receiving pension and had received terminal benefits – The High Court held that financial condition was not a relevant factor under the 1993 scheme &...