Matrimonial Law – Divorce - Mental Cruelty – Filing False Complaints – Section 13(1)(ia), HMA – Divorce Granted – The High Court held that the appellant-wife’s act of filing a false dowry harassment complaint against the respondent-husband and his family, later abandoned, amounted to mental cruelty – Prolonged separation of over 15 years demonstrated an ir...
Electricity Connection - Alternative Remedy - Consumer Grievance Redressal Forum: Petitioner sought court direction for a new electricity connection amidst pending civil suit for property possession and criminal writ for protection. High Court emphasized the statutory framework for consumer grievances under the Electricity Act, providing an effective, expeditious remedy through the Consumer Grieva...
SARFAESI Act – Agricultural Land Exemption – Writ Jurisdiction: Petitioner challenged the initiation of SARFAESI Act proceedings against its agricultural land, arguing that such land is exempt under Section 31(i) of the Act. The High Court reiterated that the classification of land in revenue records alone does not determine its status under SARFAESI; actual use and intention of the pa...
Registration Act, 1908 – Section 17 – Transfer of Property Act, 1882 – Section 53A – Agreement to sell – Transfer by way of affidavit with possession – The Court held that an affidavit does not amount to relinquishment of title and must be registered under Section 17 of the Registration Act, 1908. However, the affidavit can be treated as an agreement to sell wit...
Motor Vehicles Act – Motor Accident Claims – Negligence – Tribunal's Findings – Appeal by insurer challenging award for damages to respondent’s car – Accident caused by rash and negligent driving of an Alto car insured by appellant – Tribunal awarded Rs.1,07,447/- with interest – Appeal dismissed – Supreme Court principles on the nature of ...
Motor Accident Claims – Insurance Company Appeal – Appeal against award of compensation by the II Additional District MACT, Kasaragod – Accident involving collision between a Ford Escort car and an Alto car insured by the appellant – Tribunal awarded Rs. 1,07,447/- with interest to the respondent for damages to the car – Insurance company contended lack of negligence ...
Service Law – Disciplinary Proceedings – Applicability of Rules of 2018 and Rule 28 of Management Rules of 1969 – Convent of Our Lady of Providence Girls High School, a Christian minority unaided school, initiated disciplinary proceedings against two teachers alleging misconduct – Petitioners challenged the proceedings citing non-compliance with the West Bengal Board of Sec...
Civil Law – Execution of an eviction decree - Scope of Decree – Restriction to Suit Premises – Order VII Rule 3, CPC - The decree pertained solely to one hut in the servant quarters, as described in the plaint and located on a plot shaded green in the map annexed to the plaint. The green-shaded land was only for identifying the hut’s location, not the entire property. Held:...
Payment of Gratuity – Definition of Employee – Trainee vs. Apprentice – Petitioners challenged the orders affirming gratuity payments to employees, arguing exclusion of apprenticeship period under the 1961 Act. The High Court held that only apprentices undergoing training under the Apprentices Act are excluded from the Payment of Gratuity Act, whereas trainees outside its purview...
Taxation Law - Recovery of Interest and Penalty – Section 11A of the Excise Act – Applicability of Natural Justice – Petitioner challenged the freezing of its bank account and demand for interest and penalty on delayed payment of excise duty, claiming that no show cause notice or opportunity to explain the delay was provided – Held: Under Sections 11AA and 11AC of the Excis...