Motor Accident Compensation – Just Compensation – Enhancement in Absence of Cross Appeal – Deceased, a self-employed photographer aged 45 years, died in accident involving APSRTC bus – Tribunal awarded Rs.19,97,000/- without granting future prospects or applying correct multiplier – High Court held: Even in absence of appeal by claimants, Courts are duty-bound to awar...
Civil Law – Substitution – Delay Condonation – No Requirement That Delay Application Must Precede or Accompany Substitution Application – Application for substitution of deceased defendant filed belatedly – Separate delay condonation application filed later – Trial court condoned delay and allowed substitution – Held: Formal delay application not mandatory...
Partition Suit – Maintainability of Revision – Article 227 – Order Accepting Partition Commissioner’s Report – Held: A revision under Article 227 of the Constitution of India is maintainable against an order accepting the Partition Commissioner’s Report if the final decree is yet to be passed – The order accepting the Commissioner’s Report, without d...
Environmental Law – Conservation of Aravali Hills – Need for uniform definition – Aravali Hills and Ranges spanning four states held ecologically vital for biodiversity, desertification prevention, and climate resilience – Dispute arose over differing definitions by states – Court accepted Committee’s recommendation using elevation-based criteria (100m) for defi...
Constitutional Law – Articles 200 & 201 – Governor’s and President’s powers – Discretion – No deemed assent – Article 142 cannot substitute constitutional function – Decisions under Articles 200 & 201 non-justiciable – Only limited mandamus permissible for prolonged inaction – Article 361 immunity personal, but institutional actio...
Hindu Marriage – Divorce – Cruelty and Desertion – Denial of Relief – Husband sought dissolution of marriage under Sections 13(1)(a) and (b) HMA – Alleged cruelty, false accusations, and desertion by wife – Family Court found husband failed to prove cruelty of grave nature – Court also found no animus deserendi by wife – Held: Husband had deserted th...
Debt Recovery – SARFAESI Act – Priority of Secured Creditor – Section 26E of SARFAESI Act grants statutory priority to debts owed to secured creditors post registration – However, this statutory priority does not override a statutory “first charge” under a welfare statute such as EPF&MP Act – Held: While bank’s secured dues get priority over ordi...
Civil Law – Fraudulent Decree – Family Settlement – Registration Requirement – Limitation – Concurrent findings upheld – Decree dated 01.04.1988 held fraudulent as Smt. Ram Bhuli never appeared, signed, or engaged counsel – No pre-existing right in appellant; decree compulsorily registerable – Unregistered consent decree conveys no title – Plai...
Service Law – Compassionate Appointment – Fiduciary and Moral Obligation – Maintenance of Dependents – Widow of deceased government employee appointed as LDC under the Rajasthan Compassionate Appointment Rules, 1996, based on an affidavit undertaking to maintain her aged in-laws—subsequently abandoned them and began living separately—Petitioner, father of the de...
Registration Act – Assignment of decree – Specific performance – Nature of decree – No interest in immovable property created – Decree only confers a right to seek sale deed execution – Assignment of such decree does not fall under Section 17(1)(e) – Registration not compulsory – Contrary view in K. Bhaskaram overruled – Held: Assignment deed o...