Family Law – Custody of Minor Children – Visitation and Parental Access – Welfare Principle – Family Court granted father custody of minor children on second Saturday and Sunday of every month and during half of vacations – Mother appealed – Held: Welfare of children is paramount; while mother retains permanent custody, father’s right to maintain regular c...
Environmental Law – Firecrackers in Delhi–NCR – Temporary relaxation on “test case” basis – Supreme Court permits sale and use of only NEERI-approved green crackers at designated locations for a limited window (sale: 18–20 Oct 2025 – use: 6–7 AM & 8–10 PM on the day before and on Diwali) – Ban on barium-containing crackers, seri...
Cooperative Societies – Maintainability of Dispute – Section 91 of Maharashtra Cooperative Societies Act – Allotment of FSI to Member – Tender restricted to society members only – Held: Dispute arises out of membership rights and touches the business of the society – Transaction not commercial in nature nor with outsider – Cooperative Court had jurisdictio...
Service Law – Waiting List/Reserved Panel – Counsel’s Concession – High Court directed absorption on future SC vacancy relying on 15.01.1999 assurance – Held: Wait list is not a source of recruitment and operates only if a selected candidate does not join – A concession contrary to statutory Recruitment Rules is not binding; cannot be enforced to extend life of ...
Limitation – Declaratory Relief – Article 58, Limitation Act, 1963 – Accrual of Cause of Action – Mere existence of wrong entry in revenue records not sufficient to give rise to cause of action – Right to sue arises only when right asserted is infringed or threatened – Suit for declaration filed on 21.08.1990 after parties’ compromise of 26.10.1972 alleged...
Specific Relief Act - Agreement to Sell – Claim of Earnest Money by Stranger – Concurrent Findings Against Plaintiff – Dismissal Upheld – Appellant claimed to have paid ₹46,85,625/- as earnest money and to have inserted respondent no.1’s name in agreement dated 14.10.2011 in good faith – Both Trial and First Appellate Courts held that agreement (Ex.P1) s...
Civil Writ - Municipal Permissions – Building Permission – GVMC Authority – Jurisdiction – Petitioners claimed ownership of 1743 sq. yards and challenged permission to Respondent No.6 based on Development Agreement with Respondent No.5 – Petitioners relied on earlier orders holding Respondent No.5 had no valid title – Court held GVMC cannot decide title; permiss...
Punjab Security of Land Tenure Act, 1953 – S. 20-B – allottee-tenant’s full sale-price deposit (1973); Settlement Officer’s objections merely technical; prolonged State inaction – estoppel – Civil Court jurisdiction available – proprietary rights & injunction affirmed; RSAs 2581/4164/4193/4194 of 1999 dismissed with costs.
Declaration of ownership a...
Civil Procedure – Execution Proceedings – Auction Sale – Order 21 Rule 90 CPC – Appeal barred by delay of about two months – Appellate Court refused to condone delay for want of sufficient cause – High Court upheld dismissal – Held: Delay not inordinate and appellant acted bona fide – Mistake or negligence of counsel cannot always be visited upon the...
Court Fees – Declaratory Suits – Distinction between “cancellation” and “declaration” – Held: Where executant of deed seeks to annul it, ad valorem court fee on sale consideration is payable; but where a non-executant seeks declaration that deed is void or not binding, fixed court fee under Article 17(iii) applies if he is in possession – If non-exec...