Transfer of Property Act, 1882 – Section 52 (Lis Pendens) – Applicability to Transferees Pendente Lite – Upheld – The doctrine of lis pendens, enshrined in Section 52 of the Transfer of Property Act, 1882, applies with full force to transfers made during the pendency of a suit – Such transfers are not void ab initio but remain subservient to the decree that ...
Motor Vehicles Act – Section 166 – Enhancement of Compensation – Homemaker Victim – 100% Disability – Vegetative State – Subsequent Death – Just Compensation – Tribunal awarded Rs.58,22,000/- for grievous injuries suffered in 2014 accident – Claimant remained in complete vegetative state till death in 2017 – Appeal confined to quantum &nd...
Criminal Law – Quashing of Criminal Proceedings – Section 482 CrPC – Power to be used sparingly – Prima Facie Case Absent – No Role Attributed – Names Not in FIR – Petitioners (except those named in FIR) not identified by witnesses and not linked to offences by any direct or circumstantial evidence – Held: Continuation of proceedings against such pet...
Mining Lease – Deemed Extension – Section 8A(3), MMDR Act – Validity of Original Grant – Minimum Area Requirement – Petitioner sought deemed extension of mining lease for limestone and dolomite granted in 2006 over an extent of 6 acres (2.43 hectares) – Lease rejected on the ground that the area was below the minimum requirement of four hectares under Rule 22-D(...
Transfer of Matrimonial Proceedings – Section 24 CPC – Convenience of Wife – Paramount Consideration – Wife sought transfer of divorce petition filed by husband at Kurnool to Vijayawada where she was residing with a minor child and where multiple connected proceedings were pending – Distance between Vijayawada and Kurnool exceeding 300 kms causing hardship to wife &nd...
Judges (Inquiry) Act, 1968 – Section 3(2) – First Proviso – Interpretation – Notices of motion for removal of a Judge given in Lok Sabha and Rajya Sabha on the same day – Motion admitted in Lok Sabha but refused in Rajya Sabha – Contention that Joint Committee was mandatory and Speaker lacked authority to constitute Committee unilaterally rejected – Held: ...
Family Law – Divorce – Cruelty and Desertion – Husband alleged wife was quarrelsome, threatened to poison his blind parents, took his ATM card and money, and deserted him – Evidence led by husband found to be uncorroborated and lacking documentary support – In contrast, wife produced uncontroverted oral and documentary evidence including cybercrime and police complain...
Service Law - Public Employment – Pharmacist Recruitment – Essential Qualification – Diploma in Pharmacy – Validity of Cadre Rules Upheld – Appellants holding B.Pharma/M.Pharma challenged Rule 6(1) of Bihar Pharmacists Cadre Rules, 2014 (as amended in 2024) prescribing Diploma in Pharmacy as minimum qualification – Supreme Court held that fixation of eligibility...
Tenancy Law - West Bengal Premises Tenancy Act – Eviction – Reasonable Requirement – Second Appeal – Suit filed by landlords for recovery of possession on grounds of default, nuisance, damage and reasonable requirement – Trial Court dismissed suit holding lack of bona fide requirement and premises being unfit for habitation – First Appellate Court reversed decre...
Reservation – Public Employment – Migration of Reserved Category Candidates – Selection on Own Merit – Appointment Against Unreserved Posts – High Court Interference Set Aside – Recruitment to the post of Junior Assistant (Fire Service) in Airport Authority of India – Reserved category candidates selected against unreserved posts on basis of higher or equa...