Transfer Application – Matrimonial Case – Application under Section 24 CPC for transfer of case filed under Section 9 of the Hindu Marriage Act – Consideration of petitioner-wife’s socio-economic hardships and convenience for transfer of case from Bhiwani to Jind. [Para 1-2, 7-9]
Judicial Principles – Transfer Petitions in Matrimonial Disputes – Reference to ...
Section 125 (3) of Cr.P.C Interpretation – Maintenance Default – Sentencing Duration – Upholding Family Court's decision to sentence petitioner to ten months imprisonment for 28 months of maintenance arrears - Discussion on interpretations of Section 125 (3) of Cr.P.C regarding imprisonment duration for maintenance default - Affirmation that a month's imprisonment for eve...
Civil Revision Petition – Amendment of Plaint – Specific Relief Act, 1963 – Revision against Trial Court’s order allowing amendments post evidence closure, challenged for being barred by limitation. [Paras 1-6]
Amendment of Plaint – Principles for Allowing Amendments – Supreme Court guidelines in Revajeetu Builders case – Necessity, bona fide, non-preju...
Cruelty as Ground for Divorce – Insufficient Evidence and Pleading – Family Court's grant of divorce on grounds of cruelty, not adequately pleaded in original petition or proven in trial - Respondent/husband initially filed citing desertion, later sought to amend to include cruelty – High Court in CRP No.1249 of 2014 set aside the amendment - Court's error in granting div...
Promotional Exercise – Eligibility Criteria and Seniority – Challenging the communication for promotion to Deputy Conservator of Forests (DCF) based on eligibility without considering seniority – Eligibility criterion under Rule 5 of the 2015 Rules mandates five years of continuous service in the grade of OFS Group-A (JB) – Petitioners, senior in service but not meeting the...
Trade and Commerce – Firecracker Sale – Petitioners seeking permission to continue firecracker sale under valid license – Grievance over locked premises impeding lawful business – Directions issued for compliance with safety measures and unlocking of premises. [Para 1, 5, 6]
Licencing – Compliance with Safety Standards – Requirement for petitioners ...
Civil Procedure – Dismissal of Suit – Order 7 Rule 11(d) CPC – Suit dismissed by invoking Order 7 Rule 11(d) of CPC – Plaintiffs challenged the order for dismissal of suit filed for declaration & injunction – Trial court's rejection based on non-inclusion of plaintiffs in an earlier suit – Contention raised on purchase of property from a party in the ear...
Civil Procedure – Restoration of Dismissed Application – Challenge to the order dismissing the restoration application for Advocate Commissioner in I.A.No. 167 of 2017 – Emphasis on fair opportunity for hearing and decision on merits. [Para 1, 7, 9, 10, 11]
Legal Representation – Absence of Senior Counsel – Appellant’s application dismissed due to absence on ...
Impleadment of Parties – Dismissal of Application for Impleadment in Property Suit – Petitioners sought to be impleaded as defendants, claiming a right over the property in question – Application dismissed by the lower court for lack of direct nexus with the main suit and for being a tactic to prolong proceedings – Revision filed against this dismissal. [Para 1-3, 5]
App...
Habeas Corpus – Illegal Detention – Procedural Violations: Petitioner challenges detention order under Article 226, seeking release of detenue detained under A.P. Prevention of Dangerous Activities Act, 1986. Argues illegal detention due to non-inclusion of bail information. [Para 1, 5]
Detention Order Review – Bail Information Critical: Court emphasizes the necessit...