Specific Relief – Possession under Section 6 – Requirement of Settled Possession – Suit Dismissed – The respondent/plaintiff filed a suit under Section 6 of the Specific Relief Act, claiming illegal dispossession by the petitioner from two rooms on the ground floor of the suit property – High Court held that the respondent failed to prove settled physical possession o...
Civil Writ - Village Panchayats – No-Confidence Motion – Protection Under Proviso (4) to Section 35(2) – Whether Applicable to Sarpanch as a Post or to an Individual – Petitioner challenged the no-confidence motion initiated within two years of her election as Sarpanch, arguing that the statutory protection is personal and applies to all Sarpanches irrespective of their seq...
Contempt of Court – Alleged Interference in Appointment of Workers – Violation of Court Orders Not Established – Appeal against an order holding officers of the Southern Power Distribution Company of Andhra Pradesh Limited guilty of contempt for allegedly interfering with the appointment of a second operator – The High Court observed that the appellants’ actions were ...
Motor Accident Compensation – Reduction of Compensation by High Court – Justifiability – The Tribunal awarded compensation of ₹58,24,000 for the father and ₹93,61,000 for the mother of the appellants—The High Court drastically reduced these amounts to ₹26,68,600 and ₹19,22,680 respectively—Held: The reduction was unjustified as it overlooked the principles of ...
Arbitration – Challenge to Award – Scope of Interference under Sections 34 and 37 of Arbitration Act – The appellant challenged an arbitral award granting compensation to the respondent for project delays and related claims – Held: The Court’s jurisdiction under Section 37 is limited and does not permit reappreciation of evidence – The Arbitral Tribunal’s ...
Electrocution – Negligence of Power Department – Compensation Awarded – The victim, aged eight at the time of the incident, suffered severe burns and amputation due to contact with an uncovered 11KV electric wire. The appellants admitted that the victim came into contact with a live wire but argued that he was at fault. Held, it was the duty of the Power Department to ensure publ...
Constitutional Law – Challenge to Constitution (44th Amendment) Act, 1978 & Land Acquisition (Amendment) Act, 1984 – Not Considered – The Petitioners initially sought to challenge the constitutional validity of the Constitution (44th Amendment) Act, 1978, and the Land Acquisition (Amendment) Act, 1984 – However, no substantial arguments were advanced in this regard &nda...
Matrimonial Law - Divorce – Cruelty – Section 13(1)(ia) of the Hindu Marriage Act – The respondent-husband filed for divorce on grounds of cruelty, citing that the appellant-wife displayed unruly behavior, threatened suicide, and created disturbances at the matrimonial home – The appellant denied these allegations and, in turn, claimed that she was subjected to physical abu...
Live-in Relationship – Right to Protection – Article 21 of the Constitution – Legal Recognition – Petitioners in live-in relationships approached the court for protection of life and liberty, citing threats from family members and society—Held: Live-in relationships are not illegal, as recognized in multiple Supreme Court judgments (S. Khushboo v. Kanniammal, Indra Sa...
Reservation in PG Medical Courses – Constitutionality of Domicile-Based Reservation – Violation of Article 14 – The UT of Chandigarh reserved 50% of its State Quota seats for candidates with a background in Chandigarh—The High Court struck down this policy as unconstitutional—Held: Residence-based reservation in PG Medical Courses is impermissible and violates Article...
