Family Law – Summoning of Witness – Application under Order XVI Rule 1(3) of CPC – Quashing of Family Court Order – Lack of Reasoning in Dismissal – Petitioner filed an application to summon a mediator as a witness in ongoing matrimonial dispute proceedings, asserting the relevance based on prior references to the individual’s mediation role in testimony –...
Consumer Law – Final Relief Granted by Interim Order – Jurisdictional Error – Interim Order Invalidated – The State Consumer Commission erred by granting final relief to the respondent on an interlocutory application, directing the Indore Development Authority to accept the outstanding amount with interest and hand over possession of the plot – Held: Granting final re...
Patent Law – Inventive Step and Non-Patentability – Appeal against the rejection of patent application No.5360/CHENP/2010 for an orally, rapidly disintegrating tablet – Grounds of rejection included lack of inventive step under Section 2(1)(ja) and non-patentability under Section 3€ of the Patents Act, 1970 – High Court finds that prior arts D1, D3, and D5 do not teach...
Child Custody – Welfare of the Minor – Visitation Rights Modified – Daily visitation ordered by the Family Court was deemed excessive, disrupting the child's routine – Held: Visitation schedule modified to twice weekly (Tuesdays and Sundays), ensuring the child's welfare while preserving the father-daughter bond [Paras 41-56].
Parental Alienation &ndash...
Service Law – Regularization of Service – Petitioner seeking regularization of service from 1992 to 2016 on notional basis without financial benefits and from 2016 onwards with financial benefits – Petitioner continuously worked since 1992 – Government had conferred ‘Temporary Status’ in 2013 and regularized service in 2016 – Citing precedents on regulariz...
Hindu Succession Act, 1956 – Section 14(1) – Right of Widow – Possession Requirement – Civil Appeal arising from dispute over joint Hindu family property – Held, widow's right to maintenance alone, without possession, does not convert to full ownership under Section 14(1) – Widow's adopted son cannot claim partition rights based on widow's unasserted...
Grounds for Divorce – Desertion – Long-Term Separation Constituting Desertion - The appellant argued that the trial court erred in granting a divorce on grounds of desertion without specifically establishing intent (animus deserendi) as required under Section 13(1)(ib) of the H.M. Act – Held: The Court confirmed that the prolonged separation of over 27 years without reasonable ca...
Public Land – Unauthorized Construction – Jurisdiction of Authorities – The petitioner alleged unauthorized construction on government land under Dag Nos. 1320 and 1321 belonging to the Irrigation Department – Private respondents admitted partial encroachment and sought long-term lease – Held: Encroachment on Jola and Doba land, classified as irrigation land, requires...
Title and Possession – Suit for Partition – Inheritance under Modified Mitakshara Law – Appeal from High Court decision granting partition – Supreme Court reverses decision, upholding First Appellate Court’s findings. Clarifies legal heirs’ entitlement and lease agreements related to property. Affirms that Chiruthey lost her rights in her first husband’s p...
Civil Law – Revocation of Power of Attorney – Implied Revocation – Appellant and respondent No. 1 (sisters) purchased property together; appellant later executed a power of attorney (PoA) in favor of respondent No. 1. Appellant retired and returned to India, participating in a sale deed with respondent No. 1. Supreme Court held that this participation amounted to an implied revoc...