Motor Accident Claim – Fake Driving Licence – Liability of Insurer – Tribunal found driver of Tata 407 truck had no valid licence, licence not genuine as per licensing authority’s report – Despite this, Tribunal saddled insurer with absolute liability without recovery rights – Held: Not sustainable [Paras 6-7].
Pay and Recover Principle – Judi...
Civil Law – Impleadment – Necessary Party – Order 1 Rule 10 CPC – In a suit for partition and declaration, trial court allowed application for impleadment of Opposite Party No.1, claiming rights as legatee under a registered Will executed by a former co-sharer – Trial court held that remaining properties not covered in prior compromise decree are subject matter of pre...
Constitutional Law – Judicial Review of Economic Policy – Revision of Property Tax – Akola Municipal Corporation revised property tax rates after a gap of 16 years (since 2001) – High Court quashed the resolution citing procedural lapses – Held: The High Court exceeded its jurisdiction by sitting in appeal over a policy decision. Tax revision falls squarely within the...
Constitution of India – High Court Administration – Territorial Allocation of Business – Rule 3A Appellate Side Rules – Dispute arose in Kolhapur; Appeal decided in Pune; Writ filed in Mumbai – Rule 3A mandates matters "arising in" Kolhapur district "shall" be heard at Kolhapur Circuit Bench – Held: Rule 3A is mandatory – The Chief Just...
Service Law – Regularization – Long-term Ad hoc Engagement – Disengagement Quashed – Petitioner engaged as Junior Typist since 1996 on repeated 44-day contractual spells with artificial breaks – Continued engagement for over 25 years proves necessity of post and availability of work – Held: Such long service cannot be labelled temporary – Disengagement ord...
Partition Suit – Nature of Property – Hindu Succession Act, 1956 – Section 6 vs. Section 8 – Plaintiff claimed that her grandfather’s properties were self-acquired and sought partition—Defendants contended that the properties were ancestral and already partitioned by a registered deed dated 19.12.1973—Held: Plaintiff failed to prove that properties were se...
Service Law – Pension – Forfeiture of Past Service on Resignation – Context: The deceased employee, a conductor with DTC, resigned after 29 years of service. The resignation was accepted, but a subsequent request to withdraw it was declined. The legal heirs claimed pension, arguing the resignation should be treated as voluntary retirement given the length of service – Held:...
Election Law – Writ of Quo Warranto - Reservation and Caste Certificate – Requirement for Reserved Posts – Appellant contested and won election for Zila Panchayat Member from a seat reserved for OBC category – Appellant submitted an affidavit claiming OBC status ("Pal Baghele") but admittedly did not possess a caste certificate – Held: A candidate contesting...
Service Law - Human Rights Commission – Chairperson’s pension entitlement – Rule 4 of 2002 Rules (as amended 2012) – “Parity clause” ensures equivalence with Chief Justice but does not create right to dual pensions – Legislative policy of “one career, one pension” affirmed – Writ petition dismissed [Paras 15–18, 23–27].
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Family Law – Guardianship – Natural Guardian – Father vs. Grandfather – Mother died shortly after birth; child lived with maternal grandfather – Father sought custody – Family Court rejected petition for want of birth/death certificates – Held: Under Section 6 of HMGA, father is the natural guardian – Unless disqualified, he has a legal right to cust...