Eviction Suit – Definition of Lessor – Section 106 of the Transfer of Property Act – Suit Maintainable – The plaintiff, as an owner of the property and a partner in the lessor partnership firm, was held to be a lessor under the lease deed. The lease deed explicitly included partners of the firm as lessors, which enabled the plaintiff to maintain the eviction suit. The Trial...
Civil Procedure – Order XXXVII CPC – Scope of Leave to Defend – The appellant issued a post-dated cheque for ₹6,50,000/- as security but claimed it was not meant for encashment. The Trial Court dismissed the appellant's application for leave to defend, holding the defense frivolous and lacking substance. The High Court upheld the Trial Court's decision, finding no subst...
Civil Writ - Medical Termination of Pregnancy – Consent of Husband Not Required – The petitioner, a 32-year-old woman, sought termination of her 18-week pregnancy without her husband's consent. She cited domestic violence, separation from her husband, and the impact on her mental and physical health. The Court held that marital consent is not required for termination under the MTP ...
Recruitment Rules – Eligibility of Candidates – Applicability of Rule 11 of Rajasthan Animal Husbandry Service Rules, 1963 – Final Year Examination – Ineligible Candidates Removed – The petitioners challenged the inclusion of candidates who had only enrolled in the Final Year of the B.V.Sc. program without appearing in the Final Year Examination. The court emphasized ...
Service Law – Seniority – Promotion vs. Direct Recruitment – Petitioners challenged appointments of direct recruits as Technical Officers, alleging seniority of promotees was unfairly impacted due to delays in convening the Departmental Promotion Committee (DPC). Petitioners contended that as per the Export Inspection Agency (Recruitment) Rules, 1980, and Office Memoranda, their ...
Land Acquisition – Redetermination of Compensation – Maintainability of Application Under Section 28A – Petitioners sought parity in compensation under Section 28A of the Land Acquisition Act, 1894, based on enhanced compensation awarded by the High Court in a first appeal – Application rejected by the Collector on the ground that Section 28A applies only to award...
Civil Law - Auction Sale – SARFAESI Act – Validity of Sale Certificate – Rights of Auction-Purchaser – Held: Auction conducted under the SARFAESI Act is valid when statutory requirements are met – Auction-purchaser’s rights cannot be set aside without evidence of fraud, collusion, or grave procedural irregularities – High Court’s order quashing aucti...
Civil Writ - Recruitment Examination – Retrospective Application of Amended Rules – Notification dated 23/05/2022 – Weightage of Interview Marks Limited to 10% – Selection Process Flawed – The petitioner challenged the selection process under the advertisement dated 27/11/2021, claiming the RPSC failed to implement the amended Rule 19 of the Rajasthan Medical Services...
Matrimonial Law - Muslim Personal Law – Maintainability of Divorce Suit by Muslim Male – Section 7 of the Family Courts Act, 1984 – Maintainable - The Family Court erred in dismissing the appellant’s suit for divorce, holding it as non-maintainable under Muslim personal law – Section 7 of the Family Courts Act empowers Family Courts to adjudicate suits for dissolution...
Service Law – Disciplinary Proceedings – Dereliction of Duty – Theft of Overhead Electric Wires – Petitioner charged with dereliction of duty after criminals stole 150 meters of overhead electric wires from a 3 KM stretch under his watch – Disciplinary Authority found petitioner guilty and imposed a penalty of reduction in pay by three stages for three years with cumu...
