Advocates Act, 1961; Section 35 – Professional Misconduct – Advocate A-1 failed to disclose conflict of interest as his wife claimed rights over the property in dispute – Bar Council of Maharashtra and Goa suspended A-1's license for two years and reprimanded A-2, his son and junior colleague, with an undertaking for future conduct.
Conflict of Interest – ...
Jurisdiction – Consumer Protection Act, 2019 – Maintainability of petition before High Court against NCDRC order – Scope of judicial functions and powers – Remedies under Act 2019 – Appeal to Supreme Court and High Court jurisdiction – National Commission as a “Tribunal” – Writ petition under Article 227 maintainable before High Court – S...
Article 227 of the Constitution of India – Matrimonial Case – Expedited Disposal of Proceedings – Right to Speedy Justice – Direction to the Family Court for expeditious trial – Petitioner seeks dissolution/nullity of marriage – Apex Court’s recognition of the right to speedy justice under Article 21 – Notice to Respondent dispensed with – Emph...
Disciplinary Proceedings – Sexual Harassment Allegations – Teacher-Student Relationship – Application of Principles of Natural Justice
The case involved disciplinary proceedings initiated against the appellant, a teacher, concerning sexual harassment allegations raised by a female student. The Court examined the application of principles of natural justice in conducting the i...
Service Law- Letters Patent Appeal – Judgment dated 26.07.2023 – Writ petition challenging the disengagement order of Special Police Officer (SPO) – Enquiry conducted under Rule 359 of J&K Police Rules – No enquiry against the petitioner, violation of principles of natural justice – Petitioner engaged as SPO by respondents in 2013 – Disengaged on the g...
Constitution of India - Article 226 – Writ Petition – Challenge to debarment order – Supply of sub-standard items in dry ration kits under Mid Day Meal Scheme – Petitioner’s contention that chana might have rotted due to passage of time and rainy season – Applicability of Ministry of Education’s guidelines on oil and fat – Court’s evaluation of...
Constitution of India – Article 21 – Right to life – Right to maternity – Right to motherhood – Fundamental right of a woman to maternity leave – Includes protection of dignity of motherhood, health, and safety of the woman and the child – Employer’s obligation to be considerate and sympathetic towards pregnant employees – Denial of maternity l...
Specific Performance of Contract – Suit for specific performance of sale agreement – Appeal against the decree – Court’s discretion to grant specific performance – Suit filed after the limitation period – Reluctance of both parties to remove encroachments – Court’s refusal to grant specific performance upheld. [Para 11]
Time as essence o...
Limitation Act, 1963 – Articles 58 and 59 – Commencement of limitation period for suits for declaration or cancellation of instrument – Held, the period of limitation for filing a suit seeking a declaration or cancellation of an instrument is three years, which begins to run from the date when the right to sue first accrues. [Para 25]
Cause of Action – Definiti...
Insurance Law – Motor Insurance – Third-Party Coverage – Reimbursement of Medical Expenses – National Consumer Disputes Redressal Commission (NCDRC) disallowed indemnification of medical expenses incurred by the insured-appellant towards the treatment of an injured third-party in an accident – Supreme Court found exhibits (medical bills) on record supporting the medic...