Grant of Customs Brokers License - Petitioner cleared written examination and second attempt of oral examination obtaining 51 marks - Respondents denied Customs Brokers License to candidates scoring less than 60 marks in the oral examination due to alleged change in rules - Previous writ petitions allowed, directing issuance of licenses to similarly situated candidates - Principle of equal treatme...
Compensation for gunshot injury - Negligence of Railway Protection Force - Writ petition filed seeking compensation for personal injury, trauma, and mental agony suffered by the petitioner due to a gunshot injury inflicted by a Railway Protection Force constable - Admitted incident and negligence of the constable - Railway contesting the matter - Jurisdictional issue raised - Maintainability of th...
FRIVOLOUS LITIGATION – Deterrence against – Need for – Frivolous litigation poses a significant challenge to the judicial system, consuming valuable time and resources that could be better utilized for legitimate cases – Imposition of costs as a strong deterrent against vexatious, frivolous, and speculative litigations or defenses – Costs acting as an incentive for co...
Public Interest Litigation (PIL) filed to address concerns regarding drug and alcohol de-addiction centers in India – Importance of the issue in eroding public health and social fabric – Government’s approach through supply reduction and demand reduction – Ministry of Social Justice and Empowerment (MoSJE) implementing schemes for prevention and assistance – Need for ...
Constitutional Validity - Challenge to Government of National Capital Territory of Delhi (Amendment) Ordinance 2023 [“NCT Ordinance”] - Scope of Legislative and Executive Powers - The petitioner, Government of National Capital Territory of Delhi (GNCTD), challenges the NCT Ordinance, promulgated under Article 123 of the Constitution, which amends the GNCTD Act 1991. The NCT Ordinance i...
Evacuee Property Act, 1950 – Declaration of Evacuee Property – Admitted Position – Adverse Consequence of Non-Evacuation – Clarification: The appellant-State of Himachal Pradesh claimed that the property held by Sultan Mohammad, the predecessor-in-title of the respondents, fell under the purview of Section 2(f) of the Administration of Evacuee Property Act, 1950 (“the...
Evacuee Property Act, 1950 – Declaration of Evacuee Property – Admitted Position – Adverse Consequence of Non-Evacuation – Clarification: The appellant-State of Himachal Pradesh claimed that the property held by Sultan Mohammad, the predecessor-in-title of the respondents, fell under the purview of Section 2(f) of the Administration of Evacuee Property Act, 1950 (“the...
Rejection of Leave under Section 80(2) C.P.C. – Trial court’s rejection of leave under Section 80(2) C.P.C., finding no necessity for urgent relief in the suit matter, held untenable. High Court emphasizes understanding the real spirit behind Section 80 C.P.C. and its sub-sections.
Purpose of Section 80 C.P.C. – Section 80 C.P.C. mandates a two-month notice in writing before ...
Second Appeal – Suit for declaration of mortgage redemption and right title interest – Appeal against the judgments of Trial Court and First Appellate Court dismissing the suit – Dispute over a property claimed to be a mortgage by the plaintiff and a sale by the defendant – Bar under Section 92 of the Indian Evidence Act prohibiting admission of oral evidence to contradict ...
Marriage – Dissolution of marriage – Appeal against the judgment of the Family Court – Petition for divorce on grounds of cruelty – Allegations of improper behavior, refusal to cohabit, and making unreasonable demands – Examination of evidence – Failure to prove specific allegations of cruelty – No ground for dissolution of marriage. (Para 10)
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