Law of Limitation Must Be Applied Strictly; Mere Negligence or Inaction Cannot Justify Delay: Punjab & Haryana High Court Discharge from Service for Non-Disclosure of Criminal Case Held Arbitrary, Reinstatement Ordered: Calcutta High Court Maintenance for Children Restored from Date of Petition, Residence Order Limited to Pre-Divorce Period: Kerala High Court Shared Resources Must Be Preserved: P&H HC Validates Co-Owner's Right to Irrigation Access Position of Authority Misused by Lecturer to Exploit Student: Orissa High Court Rejects Bail to Lecturer in Sexual Assault Case Temporary Disconnection Of Water Supply Without Unlawful Or Dishonest Intent Does Not Constitute ‘Mischief’: Kerala High Court Quashed Criminal Proceedings Adult Sons' Student Loans Not a Valid Ground to Avoid Alimony: Calcutta High Court Ancestral Property Requires Proof of Unbroken Succession: Punjab & Haryana HC Rejects Coparcenary Claim Grant of Land for Public Purpose Does Not Divest Ownership Rights: Bombay High Court on Shri Ganpati Panchayat Sansthan's Reversionary Rights Punjab and Haryana High Court Rules Against Government Directive on Proving Experience of Deputy District Attorneys Orissa High Court Reduces Compensation in Motor Accident Case: Insurer’s Appeal Partly Allowed Service Law – Promotion Criteria Cannot Be Imposed Beyond Recruitment Rules: Supreme Court Access To Clean And Hygienic Toilets Is Not Just A Matter Of Convenience But A Fundamental Right Under Article 21: Supreme Court Promotions Under Merit-Cum-Seniority Quota Cannot Be Based Solely on Comparative Merit: Supreme Court Reliefs Must Be Both Available and Enforceable at the Time of Filing to Attract Order II Rule 2 Bar: Supreme Court

"CIVIL" Digest

Civil Law – Property Law – Mandatory and Permanent Injunction – Common Passage – Plaintiffs sought injunction to prevent the defendant from obstructing a common passage used by multiple property owners – Defendant claimed the passage as private property – Both lower courts found that the defendant failed to prove the passage was private property and upheld the p...

Property Law - Joint Hindu Family Coparcenary Property - Specific Relief Act, 1963 - Section 34 - Plaintiff claims property as Joint Hindu Family Coparcenary Property - Plaintiff selectively identified one property as coparcenary, ignoring others - Held, selective allegations not permissible - Plaintiff must disclose all properties forming part of coparcenary - Admission of receipt of 10-12 acres ...

Right to Education – Continuity of Education – Merger of School IDs – Petitioners, admitted to the Junior Wing of Holy Innocents Public School under the EWS/DG category, were denied admission to the Senior Wing due to different School IDs assigned by the Directorate of Education (DoE) – High Court directed the merger of School IDs of Junior and Senior Wings of schools run b...

Motor Vehicles Act, 1988 - Liability of Insured on Hiring a Driver - Owner's responsibility to take reasonable care in employing a qualified and competent driver - Not required to verify the genuineness of the driving license before hiring - Insurance company must prove the owner's negligence in hiring the driver with a fake license - Held, the insurer must show that the owner failed to ex...

East Punjab Urban Rent Restriction Act, 1949 - Assessment of Provisional Rent - Rent Controller’s duty to assess provisional rent upon tenant's request - Tenant requested provisional rent assessment at the first appearance - Rent Controller failed to assess rent and dismissed the petition on the ground of non-payment - Appellate authority ordered eviction - Held, Rent Controller is oblig...

Hindu Marriage Act, 1955 - Section 13(1)(i.a) - Cruelty and Desertion - Allegations by husband of cruelty and non-cooperation by wife - Prolonged separation and counter-allegations by both parties - Held, allegations not serious enough to constitute cruelty - Matrimonial cruelty must be such that it is dangerous for either spouse to remain in the company of the other - Appeal dismissed - Divorce c...

Indian Evidence Act, 1872 - Sections 65 and 66(2) - Secondary Evidence - Application for leading secondary evidence without issuing notice under Section 66 - Held, court has discretion to determine the necessity of notice before leading secondary evidence - Notice not required if the adverse party is aware that the document will be required - Petition dismissed as respondents established that peti...

Constitution of India, 1950 - Article 226 - Deterioration of Wheat Stock - Petitioner DFSO held responsible for wheat stock deterioration rejected by FCI - No specific evidence of dereliction of duty by the petitioner - Penalty imposed without substantiation - Held, petitioner was only in a supervisory role and took necessary steps to dispose of the stock - Enquiry initiated solely based on stock ...

Constitution of India, 1950 - Article 19(1)(g) - Advocates Act, 1961 - Enrolment Requirement - Government servant challenging the condition requiring enrolment with Bar Council for the post of Assistant District Attorney - Held, enrolment as an advocate is necessary as the Assistant District Attorney appears in court as an advocate on behalf of the government - The condition does not violate Artic...

East Punjab Urban Rent Restriction Act, 1949 - Bona Fide Requirement of Landlord - Eviction sought for landlord's son to start his business - No specific format required for pleadings under the Act - Tenant's failure to object in the written statement regarding lack of specific pleadings on the necessity of the premises - Held, landlord is required to prove the ingredients of bona fide nec...