Maintenance and Welfare of Parents and Senior Citizens Act, 2007 – Eviction of Son-in-law – Definition of Children – The appellant, being the son-in-law of respondent No.3, challenged the eviction order passed under Section 23 of the Act of 2007, arguing that he does not fall under the definition of “children” or “relative” as per Sections 2(a) and 2(g) &n...
Motor Accident Compensation – Applicability of Exchange Rate – Whether Compensation Should Be Computed at Exchange Rate on Date of Accident or Date of Claim Petition – Held: Date of Claim Petition – The deceased, a U.S. resident, earned $11,600 per month – The High Court applied an exchange rate of the accident date (2009), reducing the compensation – Held: As p...
Education Law – Appointment of Chancellor – Requirement of Approval from the Visitor – No Deemed Approval – The appellants contended that the appointment of the Chancellor was valid despite the lack of express approval from the Visitor (Governor of Meghalaya), relying on the doctrine of "deemed approval" – Held: The provisions of the CMJ University Act, 2009...
Contract Law – Breach of Reciprocal Contractual Obligations – Entitlement to Refund – The appellant was allotted land by HUDCO for a 5-star hotel project but defaulted on further payments, leading to cancellation and forfeiture of ₹28.11 crores – The appellant claimed that HUDCO breached its reciprocal obligations by failing to execute the required approvals and sub-lease...
Service Law - Seniority – Regularisation of Temporary Appointments – Whether Period of Officiating Service Can Be Counted for Seniority – Held: Yes – Appellants were initially appointed as temporary AEEs in 1990-1992 and continued in service uninterruptedly before their regularisation – Their appointments were made against sanctioned posts under Rule 10(a)(i) of the A...
Railway Accident Claim - Compensation Disbursement – Appeal – The claimants challenged the award passed by the Railway Claims Tribunal (RCT), which ordered 90% of the compensation to be invested in a fixed deposit for three years – The High Court noted that the RCT Chandigarh Bench had been issuing similar directions in numerous cases – The Tribunal's actions were inten...
Defamation – False and Malicious Publication – Freedom of Press Not Absolute – The plaintiff alleged that two articles published in Junior Vikatan falsely accused him of misusing public funds in the Sethusamudram Project and making derogatory remarks about a senior political leader – The Court held that while the press has freedom under Article 19(1)(a), it is subject to re...
Civil Law - Partition Suit – Prior Oral Partition and Registered Deed of 1983 – No Proof of Ouster – Plaintiffs’ Share Upheld – Defendants contended that an oral partition had taken place in 1970, followed by a registered Partition Deed in 1983 – Argued that plaintiff Nos. 1 to 3’s father had relinquished his share voluntarily – Plaintiffs claimed th...
Civil Law - Will – Burden of Proof – Right to Lead Rebuttal Evidence – The petitioner, as defendant No.1, claimed ownership based on a Will dated 29.06.2000 – The onus to prove the execution of the Will was on the petitioner – Once the defendant led evidence, the plaintiff had the right to rebut the same – Held: The plaintiff’s affidavit in rebuttal was co...
Civil Writ - Maternity Leave – Third Pregnancy – Second Wedlock – Interpretation of Rule 101(a) of Fundamental Rules – Petitioner, a staff nurse in Government Rajaji Hospital, Madurai, was denied maternity leave for her third pregnancy on the ground that she already had two surviving children from her first marriage—Held: Petitioner had not availed maternity leave for...