Civil Law - Execution and Validity of Will – Compliance with Statutory Requirements – Valid Execution vs. Genuineness – The Single Judge found the Will validly executed under Section 63 of the Succession Act and Section 68 of the Evidence Act but flagged suspicious circumstances – The Division Bench incorrectly equated valid execution with genuineness, leading to an erroneo...
Service Law - Leave Encashment – Part of Pensionary Benefits – Delay in Filing Claim – The Educational Tribunal directed the petitioner-Institute to pay leave encashment benefits to retired employees – Petitioner challenged the claim on the ground of delay and laches – Held: Leave encashment, being a pensionary benefit, cannot be denied on the basis of delay – P...
Custody of Minor – Interim Custody – Modification of Orders – Error Apparent on Record – The petitioner sought review of an earlier order granting interim custody of the minor child to the respondent, citing errors in considering the correctness of family court orders on custody. The court recognized a patent error in its earlier judgment where substantive issues regarding ...
Application for Exemption – CPC Section 151 – Applications for various procedural exemptions including filing clearer copies, original documents, and pre-litigation mediation – Exemptions granted with stipulations for filing within specified time frames [Paras 1-10].
Pleadings – Filing Requirements – Directions for filing written statements, affidavits, and replica...
Employment Law – Departmental Inquiry – Principles of Natural Justice – Petitioner alleged violations of natural justice in a disciplinary inquiry leading to his dismissal for alleged financial irregularities – Documents required for defense were not furnished, and the inquiry was conducted without adequate opportunity to respond – Held: Absence of required documents ...
Industrial Disputes – Retrenchment and Reinstatement – The court examined the legality of the termination of services of the workmen employed as Chowkidars by the Haryana Agro Industries Corporation Limited. The court found that the workmen were initially directly employed by the corporation and subsequently their services were unilaterally outsourced to private agencies without proper...
Partition of Money – Interim Injunction – Security Sufficiency – Petitioner's challenge against the trial court's acceptance of security for the withdrawal of half of the fixed deposit amount – Trial court's order set aside by High Court – Respondent directed to furnish fresh evidence proving the exclusive title and possession of the property offered as se...
Civil Law - Eviction and Redevelopment – Consent of Members – Definition of "Building" – Petition challenging redevelopment of Nidhi Apartment dismissed – Petitioners objected to redevelopment on the grounds of lack of requisite consent (75%) for Block No. 1 and absence of development permission – Held: Definition of "building" under Section 60A of...
Criminal Law – Look Out Circular – Fundamental Right to Travel – Suspension of LOC Upheld – The appellant challenged the suspension of the LOC issued against the respondent, who was permitted to travel abroad by the learned Single Judge subject to conditions – Held: The respondent has cooperated with the investigation, attended when summoned, and the investigating age...
Civil Law – Injunction – Dispute Over Vahivat Road – Plaintiffs seeking injunction to prevent Defendants from using or obtaining NA permission for vahivat road allegedly curated for Plaintiffs' exclusive use – Trial Court granted injunction in favor of Plaintiffs – Appellate Court reversed Trial Court order – Held: Plaintiffs' claim based on prescription...