Civil Writ - Foreign Medical Graduates – Requirement of CRMI for Two Years – Judicial Deference to Expert Bodies – The petitioners challenged Note 3 in provisional registration certificates requiring two years of CRMI, asserting they completed offline training and examinations during the pandemic – The respondents cited Supreme Court decisions and National Medical Commissio...
Transfer of Proceedings – Section 24 CPC – Distinct Causes of Action – Transfer Denied – The petitioner sought transfer of two rent petitions, one under Section 13-B (NRI eviction) and the other under Section 13 (non-payment of rent), to the same court. The Court held that although the premises in dispute were the same, the causes of action were distinct, and the applicable...
Accident Claim - Motor Vehicle Accident – Negligence – Determination of Liability – Insurer's Liability Affirmed – The accident resulted from the rash and negligent riding of the motorcycle by the first respondent – First respondent, despite notice, failed to contest the case or depose – Insurer held liable to pay compensation under the terms of the insuranc...
Property Law – Specific Performance – Agreements to Sell – Plaintiff alleged that documents executed in favor of Defendants were for securing a loan, not for sale of the suit property at 110, Jor Bagh, New Delhi – Defendants claimed entire sale consideration was paid, and Agreements to Sell were valid sale transactions – Held: Plaintiff failed to establish that the tr...
Arbitrary Allotment of Government Land – Violation of Rules and Procedures – Allotment Quashed - The State allotted land to MRCHS, which did not fulfill the eligibility criteria, in violation of Rule 27 of the Maharashtra Land Revenue Rules and the Government Resolutions. The process lacked transparency, and favoritism was evident – Held: Allotment arbitrary and invalid; set asid...
Matrimonial Law – Divorce - Cruelty – Mental Illness and Suppression of Facts – Divorce Granted – The appellant-husband sought divorce on the grounds of mental cruelty caused by the respondent-wife’s erratic and unsound behavior, which was allegedly suppressed at the time of marriage – Evidence presented by the appellant, including his testimony and that of his ...
Compensation Recovery – Land Acquisition – Petitioners directed to refund compensation for acquired land under National Highways Act – Land disputed and interim order from Supreme Court regarding partition suit – Affidavit from predecessor claiming no objection to compensation, later denied by same predecessor – Orders for refund challenged [Paras 1-14].
Partition ...
Contempt of Court – Alleged Wilful Disobedience of Supreme Court Orders – TDR Compliance - Wilful Disobedience – Orders Passed by Supreme Court – Intentional Delay in Compliance – Allegations of wilful disobedience of Supreme Court orders dated 21.11.2014, 17.05.2022, and 19.03.2024 – Petitioners claimed non-compliance by respondents regarding issuance of Transf...
Mutation and Vesting of Land – No Entitlement to Mutation – Appellants sought mutation of premises No. 15A, Armenian Street, Kolkata, based on a registered deed of conveyance. The Court affirmed findings that the property vested in the State as a "Khatal" under the West Bengal Thika Tenancy Act, 2001, as of January 18, 1982. Consequently, the appellants had no ownership or ri...
Civil Law - Promissory Notes – Validity and Binding Nature – Burden of Proof – Promissory Notes Upheld – The plaintiff successfully established the execution of five promissory notes totaling ₹2,50,000 by the defendant at Gudivada, corroborated by testimonies of scribe and attestors – The defendant failed to substantiate his claim of repayment or prove that the prom...