Civil Procedure – Res Judicata – Permission to file a fresh suit in a decree – The trial court granted permission to file another suit in a decree, allowing for a fresh suit on the same cause of action. However, this practice is inconsistent with the principles of res judicata and the Code of Civil Procedure, as a decree should conclusively determine the rights of the parties. Th...
Revision Under Article 227 – Review of Family Court Order – Petition to challenge the Family Court's refusal to order medical examination to assess respondent’s potency concerning consummation of marriage. The revision filed under Article 227 of the Constitution of India. [Para 1]
Representation and Legal Counsel – The petitioner and the respondent were represented b...
Divorce – Irretrievable Breakdown of Marriage – Appellant and respondent married for 12 years with a 12-year-old daughter – Living separately for over a decade – Previous attempts at reconciliation failed – High Court dismissed divorce petition – Appeal to Supreme Court – Court finds irretrievable breakdown of marriage due to continued bitterness, dead emo...
Civil Writ Petition – Compensation for Land Acquisition – Land utilized for road construction – Petitioner approached Court seeking compensation for land used for road construction – Respondents argued implied consent – Hon’ble High Court examined the facts and legal precedents – Rejected the delay and laches argument – Cited Vidya Devi and Sukh Dutt...
Criminal Appeal – Motor Vehicle Accident Compensation – Appellant’s appeal against the award passed by the Motor Accident Claims Tribunal – Appellant, The New India Assurance Company, challenges the award of compensation granted to respondent No. 1, Shakuntla Devi – Liability of the appellant to pay compensation disputed – Main contention revolves around whether...
Civil Appeal – Annulment of Marriage – Appellant seeks annulment of marriage on grounds of fraud under Section 12(1)© of the Hindu Marriage Act, 1955 – Allegations of force and fraud as to nature of the ceremony or material facts concerning the respondent – Appellant’s demand of dowry and failure to complete VISA formalities after marriage – Alleged misrepr...
Civil Writ Petition – Challenge to disciplinary action and dismissal from banking services – Petitioner dismissed based on allegations of financial misconduct – Past instances of departmental proceedings and interventions by the Court – Repeated assessment of charges and disciplinary actions – Legal principles on maintaining financial probity in bank services – ...
Civil Appeal – Property Dispute – Ownership and Possession – Appellants challenged the judgment of the First Appellate Court upholding the Trial Court’s decree of possession and mandatory injunction – Suit property was claimed by the Respondent, who provided documents to establish his title – Appellants alleged forgery and lack of proof for the documents –...
Company Law – Preferential Payments – Interpretation of Sections 529A and 530 of the Companies Act, 1956 – Application of Customs Act to government dues – Examination of conflict between Companies Act and Customs Act – Priority of government dues vis-à-vis other creditors – Determination of whether customs dues constitute preferential payments – Ana...
Civil Suit - Property Dispute - Sale Deed and Reconveyance Agreement - Question of whether the transaction constituted an absolute sale or a mortgage - Appellant challenging the judgment and decree of the trial Court - High Court dismissing the appeal - Core issue pertains to the nature of the transaction - Sale Deed executed by the appellant's father followed by a Reconveyance Agreement on th...