Civil Writ - Legal Profession – Enrollment Fees – Validity of Charges for Verification – Supreme Court Directions Binding – Appellant challenged the collection of verification fees for enrollment certificates, relying on a Supreme Court order mandating that universities and boards verify such certificates without fees – Held: Bar Council cannot levy fees for verificat...
Amendment of Pleadings – Subsequent Events – Proviso to Order 6 Rule 17 CPC – The trial court allowed an amendment application to include facts arising from subsequent events – Held: The court may permit such amendments even after trial commences if the facts were not within the party's knowledge due to subsequent events, and the amendment is necessary for deciding the ...
Land Acquisition – Compensation – Reference Court’s Award Restored – The appellants challenged the High Court’s decision, which reduced compensation awarded by the Reference Court for acquired land, asserting misalignment with sale exemplars and commercial potentiality – Held: The High Court erred in its assessment by undervaluing the land – The Reference ...
Civil Law - Contempt of Court – Non-Compliance of Supreme Court Order – Willful Defiance – Petitioner sought contempt proceedings against borrowers and transferees for failing to deliver possession of the secured asset and title deeds, despite a Supreme Court order – Held: Non-compliance by borrower and transferee constitutes contempt – Directions issued to ensure phy...
Civil Procedure – Rejection of Plaint – Order VII Rule 11 CPC – Application filed by Defendant Nos. 3 to 5 seeking rejection of plaint for cancellation of registered Sale Deed – Trial Court rejected application – Plaintiffs had prima facie raised triable issues based on registered transactional documents and alleged collusion between Defendants – Held: Cause o...
Service Law – Removal from Service – Acquittal in Criminal Case – Relevance in Departmental Proceedings – Petitioner challenged removal from service following departmental inquiry on charges of misconduct, citing subsequent acquittal in a criminal case – Held: Acquittal in criminal proceedings, based on insufficient prosecution evidence, does not impact the validity o...
Motor Accident Compensation – Quantum of Compensation – Enhancement – Claimant lost parents and younger brother in an accident caused by a rashly driven vehicle – Tribunal awarded compensation, which was enhanced by the High Court – Insurer challenged the enhancement, and claimant sought further enhancement – Held: Deduction for personal expenses of deceased was...
Family Law – Visitation Rights – Welfare of Minor Child – Appeal against High Court’s order directing mother to facilitate visitation between father and minor child at a location 150 km from her residence – High Court observed that the father, as the natural guardian, is entitled to visitation rights but dismissed the appellant-mother’s objections regarding the ...
Tenancy Rights - Land Law – Karnataka Land Reforms Act, 1961 – Occupancy Rights – Manipulation of Proceedings – High Court’s Judgment in Writ Appeals Set Aside – Supreme Court Finds Non-Disclosure of Crucial Facts and Manipulation by Respondent No.1 – Restores Single Judge’s Judgment [Paras 1-14].
Occupancy Rights – Land Tribunal P...
Electricity Act - Section 63 - Adoption of Tariff by Local Authority – Section 63 does not limit the right to apply for tariff adoption to distribution licensees or generating companies – Municipal Corporation of Delhi (MCD), a local authority under Rule 15 of the SWM Rules 2016, is empowered to conduct transparent bidding and seek tariff adoption for WTE projects – Appeal allowe...