Civil Procedure – Rejection of Plaint under Order VII Rule 11(d) – Suit for injunction based on agreement for sale – Applicants (Defendants) sought rejection of the suit for perpetual injunction filed by the Respondents (Plaintiffs), on the ground that the Plaintiffs had no legal title to the suit lands. The Defendants argued that without a sale deed, the plaintiffs' possessi...
Parole – Grounds for Granting – Convict sought parole to arrange finances and bid farewell to his son departing for higher studies abroad – Authorities rejected application citing pendency of appeal – High Court held pendency of appeal not a valid ground to deny parole – Rule 18 of Prisons (Bombay Furlough and Parole) Rules, 1959, interpreted to allow parole for signi...
Constitutional Law – Delegation of Powers – Validity of Rule 18 of Andhra Pradesh (Telangana Area) Abolition of Inams Rules, 1975 – Petitioners challenged Rule 18 of the Rules on the ground that the delegation of powers to Revenue Divisional Officers (RDO) to issue Occupancy Rights Certificates (ORC) under Section 10 of the Act is unconstitutional. The petitioners contended that ...
Tender Process – Judicial Review – Kerala High Court quashed the award of tender due to preferential treatment: Challenge to the award of a tender by the Thrissur Municipal Corporation to the sixth respondent. The petitioner, the only technically qualified bidder initially, argued that the fifth respondent unlawfully granted the sixth respondent additional time to submit required docum...
Consumer Law – Deficiency in Service – Real Estate Dispute – The appellant sought a refund for failure by the Agra Development Authority (ADA) to provide possession of a residential apartment due to construction deficiencies, including the absence of a completion certificate and firefighting clearance. The NCDRC granted a partial refund but limited interest to the date of filing ...
Hindu Law – Partition – Joint Family Property – Self-acquired property – The appellant sought partition of the family property, asserting certain properties (Ex.A6 to Ex.A9) were self-acquired. The Court ruled that these properties were part of the joint family assets. It was held that the burden of proving a property is self-acquired lies with the party claiming it as such...
Constitutional Law – Compensation for Violation of Article 21 – High Court's Jurisdiction under Article 226 of the Constitution – Claim for compensation for the death of the petitioner’s husband due to electrocution – Petitioner sought ₹50 lakhs from BSES Yamuna Power Ltd. (BSES) and the Government of NCT of Delhi under Article 226 for alleged violation of funda...
Civil Law – Building Regulation Compliance – Dispute over building plan compliance involving residential property construction – High Court upheld a show cause notice based on alleged violations of Rule 50 of the West Bengal Municipal (Building) Rules, 2007 – Supreme Court questions the writ jurisdiction’s exercise over what appears as a private dispute between neighb...
Compassionate Appointment – Fraudulent Documents – Appointments on compassionate grounds obtained through forged and fabricated documents – Disciplinary authority’s decision to terminate services upheld by Tribunal – High Court’s order reversing Tribunal quashed – Supreme Court reiterates the principle that fraud vitiates all proceedings, including appoint...
Motor Vehicles Act – Claim Petition – Standard of Proof – Claim petition dismissed by Tribunal holding rash and negligent driving not proved – Death of deceased in accident fully established by evidence – Strict rules of evidence and standard of proof under CrPC not applicable to claim proceedings – Tribunal's dismissal on negligence grounds erroneous &ndash...