Background of Property Dispute – Respondent filed O.S.No.55 of 2018 for a permanent injunction to restrain petitioner from interfering with her possession of agricultural land, setting specific boundaries in the plaint, which were later sought to be amended due to claimed typographical errors - Petitioner opposed, asserting boundaries were fabricated and could not be amended post trial comme...
Matrimonial Law - Marital Discord – Grant of Divorce – Cruelty and Desertion – The High Court granted a decree of divorce in favor of the husband on the grounds of cruelty and desertion. The wife's involvement in multiple criminal cases against the husband and his family, along with her failure to disprove desertion, led the Court to conclude that the marital relationship was...
Challenge to Re-Advertisement of Job Position – Petitioner, a dental sciences diploma holder, questioned the legitimacy of a fresh advertisement for a Dental Technician post by respondent No. 3, alleging attempts to favor certain candidates over others. Original advertisement issued on 13.10.2013 and the subsequent re-advertisement on 20.12.2013 led to the petitioner’s exclusion. [Para...
Public Interest Litigation (PIL) – Credentials and Public Interest Requirement – Dismissal
The petitioner’s PIL, seeking demolition of an allegedly illegal structure due to land encroachment, was dismissed. The court found the PIL inadmissible as the petitioner did not satisfactorily establish his credentials as a social worker and failed to demonstrate substantial publ...
Statutory Remedy – Municipal Taxation - Challenge to Assessment Order – Availability of Statutory Appeal – Petitioner challenges assessment and demand orders related to the levy of Local Body Tax (LBT) – Court emphasizes the legislative scheme of the Maharashtra Municipal Corporations (MMC) Act and the availability of a statutory remedy through appeal under Section 406 of t...
Specific Performance of Agreement of Sale – First Appeal No: 3790/2003 – Decision against High Court of Andhra Pradesh – Plaintiffs sought specific performance of agreement of sale for land containing mango, casuarina, blackberry, and palmyrah trees, executed on 24-10-1990, involving defendants as joint family members with one acting as family manager. High Court held that the ag...
Counsel for the petitioner argued that the petitioner's exclusion from the final category list of KEAM 2023 was illegal due to the absence of a stipulation regarding the mandatory submission of the NEET score card. The court, after referring to a previous writ petition, found no grounds for interfering with the ongoing admission process. Justice Kunhikrishnan highlighted the necessity of maint...
Promissory Note Validation and Dispute – Plaintiff claimed that the defendant borrowed Rs.13,00,000 for business purposes, repaying only Rs.25,000 - Defendant argued the amount was for a joint real estate venture, claiming fraud by the plaintiff - Trial court sided with plaintiff, leading to this appeal. [Paras 3-5, 7, 9, 11]
Trial Court Findings Affirmed – High Court agre...
Bail Application – Violation of Narcotic Drugs and Psychotropic Substances Act, 1985 – Commercial Quantity – Dismissal of Bail – Non-compliance with mandatory search and seizure provisions – Petitioner’s criminal history – Anticipatory injustice – Legislative mandates under Section 37 of NDPS Act – Pre-trial incarceration – Right to speed...
Gift Deeds and Basic Amenities Requirement – Dispute over ownership and right to stay in flats gifted by father to son – The Maintenance Tribunal nullified gift deeds executed in favor of the petitioner son, based on allegations of non-provision of basic amenities by the son post-transfer – Analysis centers on whether gift deeds were subject to the conditions of providing basic a...