Writ Jurisdiction – Scope Against Private Bodies – Banking Activities – The Court examined the maintainability of writ petitions against private banks concerning alleged non-compliance with contractual obligations – Held: Private banks performing commercial activities are not subject to writ jurisdiction unless statutory or public duties are involved. Claims arising out of ...
Senior Citizens Act - Cancellation of Gift Deed – Non-Compliance with Maintenance Condition – Beneficial Interpretation of Section 23 – The appellant sought cancellation of a gift deed on grounds that the respondent-son failed to fulfill the obligation to maintain her – Held: Section 23 must be interpreted purposively to advance the Act's objective of protecting senior ...
Insolvency and Bankruptcy – Financial Creditors – Classification under Section 5(7) and Section 5(8) of IBC – Appellants claimed status as Financial Creditors of Reliance Infratel Limited (RITL) based on Deeds of Hypothecation (DoH) – NCLAT denied the status, holding that DoH did not create a contract of guarantee – Held: Clause 5(iii) of DoH creates a guarantee by Co...
Civil Law - Concurrent Findings of Fact – High Court's Limited Jurisdiction under Article 226 – Jurisdiction Exceeded – Authorities concluded that the disputed land was a pond (Johad) based on evidence and found the respondent's patta fictitious – Held: High Court erred in reappreciating evidence and reversing findings of fact in writ jurisdiction absent perversity ...
Restoration of Suit – Delay in Filing – Applicability of Section 5 of the Limitation Act – Restoration Application Allowed - Supreme Court addressed whether a restoration application under Order IX Rule 13 CPC, filed five months after the ex-parte decree, required a separate condonation of delay application under Section 5 of the Limitation Act. It held that the restoration appli...
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 ...