Family Law – Divorce – Appeal against the rejection of a divorce petition – Appellant husband seeks dissolution of marriage based on cruelty and desertion – Parties married in 2009 and have lived separately for almost 14 years – Respondent wife filed multiple cases against appellant and initiated various litigation – Irretrievable breakdown of the marriage &ndas...
Civil Procedure – DNA Test for Establishing Paternity in Partition Suit – Kerala High Court Decision on Strong Prima Facie Case Requirement.
DNA Test – Suit for partition involving claim of paternity – Plaintiff seeks sibling DNA test to establish her father was the deceased, Sri Kuttikrishnan Nair – Trial court allows application for DNA test – Def...
Civil Procedure – Power to Amend and Strike Out Issues – Petition challenging the trial court’s order deleting certain issues in a civil suit and denying further cross-examination – High Court examined the validity of the trial court's suo moto deletion of issues and refusal to recall a witness for cross-examination on additional documents – Court reinstated two i...
Civil Appeal – Termination of service – Grant of back wages – Appellant-State challenges the judgment allowing the respondent's appeal against the termination of his services – Respondent's services were terminated without following proper procedure – Trial Court set aside the termination but declined to grant back wages – First Appellate Court granted b...
Commercial Dispute – Recovery of Payments – Appeal against Commercial Court’s decree ordering appellant to pay ₹8,49,385 with 18% p.a. interest from the date of suit filing for goods supplied to appellant – Dispute involves recovery of payments for 2500 T-shirts supplied under invoice dated 30.06.2018 (Ex.PW-1/2A) – Appellant challenges correctness of transactions, ...
Writ Petition & Subject Matter – Petition filed against the order by Commissioner, Revenue Division District Ujjain, which petitioners claim to be illegal under Section 10(5) and 10(6) of the Urban Land (Ceiling and Regulation) Act 1976 – Sought for quashment and other consequential reliefs. [Para 2]
Prior Proceedings & Remand – Initial writ petition allowed, influence...
Trade Regulation – Challenge to Import Prohibition – Fresh Fruit Flowers and Vegetables Traders Association, Delhi, challenges an import prohibition on cut flowers imposed by the Directorate General of Foreign Trade (DGFT) through an impugned notification – Allegation of discrimination and infringement of constitutional rights. [Para 1-3]
Background to the Dispute – Prev...
Civil Procedure Code (CPC) - Revision under Section 115 - Plaintiffs seeking withdrawal of the suit with liberty to institute a fresh suit after realizing that it had been instituted against deceased defendants - Trial Court rejecting the withdrawal application - Whether institution of the suit against deceased persons is a formal defect and whether Order 23 Rule 1(3) of the CPC is applicable - Th...
Criminal Revision Petition – Appeal against judgment of acquittal – State aggrieved by acquittal of the respondent/accused for offences under Sections 504, 324, 498A, and 506 of IPC – Grounds for challenging the acquittal presented – Jurisdictional issue regarding the maintainability of the appeal discussed – State’s appeal under Section 372 of Cr.P.C. held to b...
Matrimonial Petition – waive the cooling period - Request to set aside the order rejecting the application for waiving the cooling period in a divorce case under Section 13-B of the Hindu Marriage Act – Parties married with differences, seeking dissolution of marriage through mutual settlement – Compromise agreement in place – Principal Judge, Family Court refused to waive ...