Habeas Corpus – Child Custody – Legal and Proper Detention – Petition for habeas corpus seeking release of minor son aged 14 years – Child living with grandfather and uncle since birth – Court held writ of habeas corpus maintainable only if custody is illegal or improper – Direct interaction with the child showed he was happy living with his grandfather and did ...
Constitutional Law – Habeas Corpus – Child Custody – Petition under Article 226 for habeas corpus seeking custody of minor child – Petition resisted due to the petitioner’s treatment for personality disorder and availability of alternative remedy under the Guardians and Wards Act – Court held that while habeas corpus is maintainable for child custody, the detail...
Stamp Duty – Assessment and Recovery – Jurisdiction and Limitation – Petitioner filed writ petitions against the State for initiating recovery of deficient stamp duty on assignment deeds registered in 2016. Revenue authorities claimed the deeds were conveyance deeds and insufficiently stamped. Petitioner contended that action was barred by limitation under Section 47-A of the Ind...
Land Acquisition – Assessment of Market Value – Challenge to market value assessment for different parcels of land in the same village acquired at different times – Previous Supreme Court assessments not automatically applicable – Market value to be determined based on the date of the Section 4 notification and contemporaneous sale exemplars – Comparable sale deeds of...
Professional Misconduct – Advocates Act – Writ Petition allowed – The Court directed the Bar Council of India and the Bar Council of Tamil Nadu and Puducherry to initiate appropriate disciplinary actions against the 5th respondent under the Advocates Act, 1961, for creating forged rental agreements to illegally occupy the petitioner’s property – Emphasized the need fo...
Ex Gratia Compensation – Interest on Delayed Payment – Appellant, a victim of the 1984 Anti-Sikh Riots, received ex gratia compensation after multiple litigations spanning decades – Appellant sought interest on the delayed payment of Rs. 1,00,000/- – High Court held that although ex gratia compensation traditionally does not attract interest, Constitutional Courts have the ...
Contract Law – Specific Performance of Agreement of Sale – Appeal against trial court’s decree for specific performance – Dispute regarding nature of the agreement (sale vs. mortgage) – Defendant’s claim of mortgage arrangement rejected due to lack of evidence – Plaintiff's readiness and willingness to perform contractual obligations established &ndash...
Land Acquisition – Market Value Assessment – Uniformity – Appellant challenged the assessment of market value for a narrow strip of land acquired for a road – Reference Court’s reliance on sale exemplars and judicial determinations questioned – High Court held that sale exemplars are more reliable than judicial determinations, which can vary based on evidence &n...
Civil Procedure – Second Appeal – Scope of Interference – Court reiterated the limited scope of interference in second appellate jurisdiction under Section 100 CPC – Findings of fact by lower courts cannot be disturbed unless there is clear perversity – Appeal dismissed as no substantial question of law arose [Paras 16-22].
Specific Performance – Re...
Civil Procedure – Requirement for Reasoned Judgments – The Supreme Court quashed the impugned judgment of the Division Bench for failing to provide reasons or consider the Government Orders brought to its notice. Citing the importance of reasoned judgments, the Court emphasized that the absence of reasoning introduces uncertainty and prevents a proper understanding of the basis for a d...