Hindu Marriage – Ceremonial Requirements – Appellant's suit for annulment of marriage under Section 12 of the Act, 1955 dismissed; respondent's suit for restitution of conjugal rights decreed – Appeal contends no valid marriage as per Hindu rites and customs – Trial court found documentary evidence reliable, but ignored inconsistencies and lack of proper ceremony &n...
Property Law – Validity of Sale Deed – Execution and registration of sale deed in 1985, presented for registration the same year but registered in 2011 – Defendant did not specifically deny execution or receipt of consideration – High Court erred in invalidating the sale deed on grounds of delay and minor’s involvement – Presumption of correctness of registered ...
Compassionate Appointment – Fraudulent Documents – Appointments on compassionate grounds obtained through forged and fabricated documents – Disciplinary authority’s decision to terminate services upheld by Tribunal – High Court’s order reversing Tribunal quashed – Supreme Court reiterates the principle that fraud vitiates all proceedings, including appoint...
Facts: The appellant, Bharati Reddy, was elected to the post of Adhyaksha of Zilla Panchayat. A writ petition was filed before the High Court alleging that Reddy played fraud on the government by submitting a false affidavit for the issuance of an Income and Caste Certificate.
Issues:
Whether the High Court was justified in issuing a writ of quo warranto directing Reddy to vacate the office ...
Facts:The appellant, Jagdish, was injured in a motor accident on November 24, 2011, resulting in severe injuries.The accident occurred when Jagdish, riding a motorcycle, was hit by a dumper, causing 90% permanent disability.Issues:The appellant sought an enhancement of compensation on several grounds, including loss of future prospects, computation of disability, and increase in monthly income.Hel...
FACTS:
The respondent-assessee, engaged in executing civil works contracts, sought guidance on the rate of tax applicable for the execution of civil works contracts under the KVAT Act. The AAR initially held that, since there was no specific entry providing for the rate of tax on works contracts up to March 31, 2006, tax on goods used in the execution of works contracts should be levied in acco...
Arbitration – Challenge to Arbitral Awards – Petitions filed under Section 34 of the Arbitration and Conciliation Act, 1996 against arbitral awards in favor of respondents concerning wage arrears claims – Presidential Directives and Settlement Memoranda considered – Tribunal's mandate to adjudicate the quantum of arrears payable from 01.01.1997 to 31.12.2007 upheld &nda...
Property Dispute – Appointment of Advocate Commissioner – The petitioner filed a suit seeking a permanent injunction to restrain respondents from interfering with the possession of the suit property – Respondents claimed possession and existing constructions on the land, disputing the property description – During trial, respondents sought an Advocate Commissioner’s a...
Constitutional Law – Right to Education – Amendment to Maharashtra RTE Rules – Petitioners challenge the amendment excluding private unaided schools from admitting children from disadvantaged groups if government/aided schools are within 1 km – Contention that the amendment violates the RTE Act and Article 21-A of the Constitution – High Court examines the legislative...
Motor Vehicles Act, 1988 – Compensation Assessment – Appellant challenged the compensation awarded by the MACT for being excessive – High Court reviewed the computation of monthly income, considering evidence and minimum wages notification – Tribunal’s assessment of deceased’s income at Rs. 6000/- per month upheld – Adjusted compensation considering future...