Civil Law – Amendment of Pleadings – Order 6 Rule 17 CPC – Subsequent Events – Due Diligence – Petition against order of Appellate Authority rejecting amendment application – Petitioner sought to amend plaint to incorporate facts discovered during pendency of appeal based on Local Commissioner’s report showing new construction by respondent despite status ...
Family Law – Return of Gold Ornaments/Istridhan – Recovery Claim – Marriage Gifts – Wife claimed 65 sovereigns of gold ornaments were entrusted to husband and in-laws – Family Court allowed recovery of 52.955 sovereigns or value thereof – Held: Photographs and evidence proved possession of at least 53 sovereigns – Admission of husband inconsistent – ...
Service Law – Recruitment – Hindi Teacher (Contractual) – Educational Qualification – Equivalence of “Rastrabhasa Sastri” with Bachelor’s Degree – Eligibility under Resolution dated 27.10.2014 – Respondent applied for the post of Contractual Hindi Teacher under the 2014-15 Advertisement – Collector, Angul rejected candidature citing less ...
Civil Procedure – Condonation of Delay – Computation of Period of Limitation – Scope under Section 115 CPC – Petitioner challenged order dated 09.12.2024 rejecting review of earlier order dated 12.07.2019 concerning impleadment/substitution—Delay of 18 days occurred in filing revision petition after receiving certified copy—Respondents objected that effective de...
Civil Law - Partition Suit – Claim by Granddaughter – Property Inherited under Section 8 HSA – Not Ancestral – Rejection of Plaint – Plaintiff sought 1/4th share in property purchased by grandfather, claiming it to be ancestral – Court held: After Hindu Succession Act, 1956, property inherited by Class I heirs on intestate death of male Hindu is absolute propert...
Motor Accident – Insurer’s Liability – Pay and Recover – Tribunal and High Court exonerated insurer from liability due to absence of valid driving licence with the driver – Supreme Court invoked “pay and recover” principle on basis of consistent jurisprudence – Relied on Rama Bai v. Amit Minerals (2025 SCC OnLine SC 2067), Shamanna and Parminder Sing...
Taxation Law – Property Tax – Jurisdiction of Civil Court – Appellant temple challenged property tax enhancement through civil suit – Trial Court and Appellate Court held suit was barred under Section 354 of Tamil Nadu District Municipalities Act – Civil Court lacked jurisdiction where statutory remedy through appeal to Taxation Appeals Committee existed – Held:...
Civil Law – Order VII Rule 11 CPC – Rejection of Plaint – Limitation – Illusory Cause of Action – Plaintiffs challenged sale deeds of 2007 and 2014 alleging fraud and misrepresentation – Plaint disclosed plaintiffs’ knowledge of sale transactions since 2012, evidenced by legal notice and participation as confirming parties in 2014 sale deed – Held: P...
Labour Law – Definition of Workman – Daily wage employee working for more than 240 days per year over 8 years as Clerk/Computer Operator in police training academy – Held: Respondent qualifies as “workman” under Section 2(s) of the ID Act – Appointment was not under police service nor managerial or supervisory in nature [Paras 9–9.1].
Industrial Dispute...
Arbitration – Appointment of Arbitrator – Scope of Judicial Interference under Section 11(6) – Appellant suffered an arbitral award in dispute with third-party contractor – Based on contract clause shifting liability for award to respondent, appellant sought arbitration – High Court rejected application holding that liability arises only upon payment of award and caus...