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...
Service Law – Judicial Officers – Discharge from Service – Challenge to Termination – Petitioners, who were appointed as Civil Judges (Junior Division) in 2013, were discharged from service under Rule 24(4) of the U.P. Judicial Service Rules, 2001 – The discharge order was based on a Full Court resolution after an inquiry into an altercation involving probationers dur...
Land Law - Slum Redevelopment – Eviction Under Sections 33 & 38 of Maharashtra Slum Act – No Illegality in Notices Issued - The Slum Rehabilitation Authority (SRA) issued notices to slum dwellers under Sections 33 and 38 of the Maharashtra Slum Areas Act, directing them to vacate their premises for redevelopment—Appellants contended that the plot was a MHADA layout and should...
Matrimonial Law - Divorce – Amicable Settlement – Invocation of Article 142 of the Constitution – Decree of Divorce by Mutual Consent - The Family Court granted divorce to the respondent-husband on the ground of cruelty—The High Court upheld the decree—During the appeal before the Supreme Court, the parties opted for mediation and reached a Final Settlement Agreement&...
Civil Law - Land Allotment for Renewable Energy Project – Challenge to Legality – Petitioner was allotted land by the State Government for establishing a solar power project – Private respondents challenged the allotment before the revenue courts – Assistant Collector refused interim relief to respondents – However, Revenue Appellate Authority granted ad-interim injun...
Civil Law - Third-Party Objections in Execution – Applicability of Lis Pendens – The appellants, claiming to be bona fide purchasers, challenged the execution of a decree for specific performance, arguing they were not party to the original suit and had purchased flats on the disputed property through subsequent transactions – Held: The appellants' objections were dismissed a...
Matrimonial Law – Divorce on Grounds of Cruelty – Whether Justified – The Family Court granted a decree of divorce in favour of the husband citing cruelty—Wife challenged the decision, arguing that there was no cruelty on her part and that she suffered harassment due to infertility—Held: Medical records and testimony of PW2 (Doctor) confirmed that the wife had a pre-e...