Workmen's Compensation - Appeal against order of Commissioner for Workmen’s Compensation awarding compensation to claimant - Claimant, a bus conductor, suffered chest pain during employment, sought medical attention, and met with an accident on the way to the hospital - Claim for compensation filed - Insurance company, appellant, challenges liability to indemnify subsequent owner of the ...
Civil Law – Authenticity of Document – Dismissal of application for signature comparison by trial court due to lack of comparable signatures provided by petitioner – Revision against order dismissing application in O.S.No.33 of 2015 for recovery based on alleged forged promissory note – High Court finds procedural error by not allowing submission of comparable signatures th...
Detention Order under COFEPOSA - Challenged by petitioner, wife of the detenu, Siraj V.E., under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA) - Detention order based on search conducted on 19/6/2023 at M/s.Crescent Collection, Kochi, where foreign currencies of 700 U.A.E. Dirham and Indian currency amounting to Rs.5 lakhs were fou...
Jurisdictional Challenge and Applicability of Labour Laws – Petitioner contends that being governed by the Kerala Co-operative Societies Act, they are exempt from other labour legislations as the Act provides a complete code; Assistant Labour Officer's jurisdiction challenged – High Court finds that the Kerala Co-operative Societies Act does not preclude the application of general ...
Cruelty as Ground for Divorce – Insufficient Evidence and Pleading – Family Court's grant of divorce on grounds of cruelty, not adequately pleaded in original petition or proven in trial - Respondent/husband initially filed citing desertion, later sought to amend to include cruelty – High Court in CRP No.1249 of 2014 set aside the amendment - Court's error in granting div...
Civil Revision – Impleadment of Party – Plaintiff filed a suit for permanent injunction against the defendant – Defendant claimed no concern with the suit property as construction was done by his son – Plaintiff moved an application under Order 1 Rule 10 read with Section 151 CPC to implead the son as defendant no.2 – Defendant opposed the application as time-barred a...
Civil Revision Petition – Amendment of Plaint – Specific Relief Act, 1963 – Revision against Trial Court’s order allowing amendments post evidence closure, challenged for being barred by limitation. [Paras 1-6]
Amendment of Plaint – Principles for Allowing Amendments – Supreme Court guidelines in Revajeetu Builders case – Necessity, bona fide, non-preju...
Rejection of Nomination Papers – Challenge to the rejection of nomination papers of the petitioners for the State Assembly elections from the 61-Jubilee Hills Constituency. Orders of rejection dated 13.11.2023. [Para 2]
Constitutional Bar to Judicial Review in Electoral Matters – Article 329(b) of the Constitution of India prohibits judicial review of electoral matters. Su...
Matrimonial Appeal – Divorce Granted by Family Court – Appellant/Wife contests the divorce decree granted by the Family Court under Section 13(1)(ia) & (ib) of the Hindu Marriage Act, 1955, citing cruelty and desertion as grounds – Counterclaim filed by the Appellant for restitution of conjugal rights dismissed. [Para 1]
Factual Background – Parties were married on 1...
Land Dispute - Petitioners seek relief against the change in the nature and purpose of a road - Allegation of arbitrary and illegal encroachment for the extension of Outer Ring Road - Violation of constitutional rights and legal provisions - Petitioners claim to be residents of a residential complex - Building Rules prescribe a minimum abutting road width for high-rise buildings - Approval for roa...