Land Allotment – Public Purpose vs. Private Development – Gram Panchayat challenged the allotment of 3128 bighas of land to a private company for a solar power project, arguing that the allotment would deprive the village of essential land for public amenities and grazing – Court recognized the need for balancing development with the rights and needs of the local community &ndash...
Property Law – Transfer of Property – Petitioner’s claim for execution of a sale deed by KMDA – The property was initially offered for sale but later proposed for lease by KMDA – Court held KMDA could only transfer leasehold rights, not absolute title due to original government ownership [Paras 1-22].
Doctrine of Caveat Emptor – Legal obligations of...
Defamation – Ad Interim Ex Parte Injunction – Plaintiff, a Senior Advocate and Spokesperson for BJP, seeks removal of defamatory videos and posts from social media platforms – High Court emphasizes balance between Right to Free Speech and Right to Reputation – Cites "Bonnard Principle" for granting interim injunctions in defamation suits, emphasizing caution in pr...
Partition Suit – Interpretation of Will – Inconsistency in Clauses – Plaintiffs sought partition of the property based on a Will and Codicil. The Will’s Clauses 6 and 10 had inconsistencies regarding the distribution of the property. The Court held that as per Section 88 of the Indian Succession Act, the later clauses (7 and 10) in the Will would prevail over the earlier cl...
Consumer Law – Deficiency in Services and Negligence – Appeal regarding compensation for a fatal accident involving tourists organized by travel operators – District Commission awarded Rs. 50 lakhs – Appellants sought enhanced compensation – Delhi State Consumer Disputes Redressal Commission held that the District Commission failed to adequately compensate for mental ...
Family Law – Customary Divorce – Defendant claimed to have divorced first wife Stella by customary practice and subsequently married the deceased Margarette Arulmozhi – Court held that Indian Christian Marriage Act does not recognize customary divorce – First marriage subsisting at the time of alleged second marriage, making the latter invalid [Paras 14-17].
No...
Service Law – Promotion – Notional Promotion on Acquittal – The petitioner sought notional promotion after his juniors were promoted in 2008 – His promotion was denied due to two pending charge-sheets and a criminal case, which were later dropped and resulted in acquittal – Held: The petitioner’s case for promotion should have been considered after his acquittal...
Property Law – Declaration of Sale Deed and Will – The plaintiffs sought a declaration that a sale deed executed in 1959 and a Will executed in 1999 were null and void. The trial court had dismissed the suit on the grounds that the plaintiffs failed to establish their claims, the suit was barred by limitation, and the possession of the defendants was lawful. The High Court upheld the t...
Limitation Act – Application under Order VII, Rule 11 CPC – Petition for Rejection of Plaint – Suit for recovery of cost of repair and penalty for non-performance of contract filed beyond the statutory period – Petitioner contends suit is barred by limitation – Trial court rejected petition on grounds of mixed questions of law and fact requiring trial – High Cou...
Child Custody – Grandparent’s Petition – Interim Custody – Petitioner (grandmother) seeks interim custody of two minor children because her son, the children's father, works abroad – Family Court orders the respondent to produce the children on the 2nd and 4th Sunday of every month before the Family Court at 10.30 a.m. and return them at 1.00 p.m. on the same day ...