Limitation Act – Applicability to Carriage by Air Act – Rule 30 – Section 3 of the Limitation Act bars the remedy but does not extinguish the right unless expressly provided. Rule 30 of the Carriage by Air Act specifies a two-year limitation for bringing an action for damages, which the appellant argued should include exclusions under the Limitation Act. The court held that Rule ...
Guardians and Wards Act 1890 - Section 9 - Custody of Child - The court emphasized that the question of the child's wishes is distinct from what would be in the best interest of the child - The best interest must be determined by the court considering all relevant circumstances - In custody disputes, the child's welfare should be the paramount consideration - The case involves custody disp...
Caste Verification – Authenticity of Report – Mere fact that the Caste Verification Committee provided a report within a few days cannot alone be a reason to doubt its correctness. The committee's report, when made in accordance with statutory provisions, holds validity unless contradicted by substantial evidence [Paras 34-36].
Reservation Policy – Caste Classifi...
Land Acquisition – Requirement of Scheme Sanction – Appellants challenged the acquisition of land by KHB without prior sanction of housing schemes under Section 24(2) of the KHB Act – High Court held that sanction of a housing scheme by the State Government is a condition precedent to land acquisition – Supreme Court examined the provisions of the KHB Act and L.A. Act to de...
Delhi School Education Rules 1973 - Rule 121 - Disciplinary Proceedings - The Tribunal's power to award back wages upon reinstatement of an employee was contested - High Court held that Rule 121 does not confer express power on the Tribunal to award back wages, limiting such power to the managing committee - Supreme Court analyzed the statutory provisions and concluded that the Tribu...
Constitutional Law – Article 31C Protection – The State of Karnataka contended that Section 20 of the Karnataka Slum Areas (Improvement and Clearance) Act, 1973, enjoys immunity under Article 31C of the Constitution – The High Court ruled that Article 31C protection was unavailable as the Act was enacted before the 44th Amendment – The Supreme Court emphasized the need to c...
Family Law – Right of Natural Guardian – Mother, as the only natural guardian after the father's death, has the right to decide the surname of her child and give the child in adoption – High Court's direction to restore the child's original surname was overturned – Mother's decision to change the surname to that of her new husband is valid and aligns with th...
Land Acquisition – Initiation of Proceedings – Section 24(1) of the 2013 Act – Supreme Court held that for the purposes of Section 24(1) of the 2013 Act, the land acquisition proceedings under the L.A. Act shall be deemed to have been initiated with the issuance and publication of the Section 4(1) notification in the official gazette – The Court emphasized that this interpr...
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 – Section 14 – Possession of Secured Asset – Supreme Court held that the District Magistrate and Chief Metropolitan Magistrate as mentioned in Section 14 of the SARFAESI Act include Additional District Magistrate and Additional Chief Metropolitan Magistrate – This interpreta...
Thika Tenancy – Definition and Scope – Interpretation of ‘thika tenant’ under the Calcutta Thika Tenancy Act, 1949, and subsequent statutes – Supreme Court held that the term 'any structure' includes both kutcha and pucca structures – The Court examined legislative amendments and their retrospective effect, and the implications on tenancy and landlord...