Constitution of India – Article 226 – Writ of Certiorarifiled Mandamus – Impugned order quashed – Appointing authorities rejected petitioner’s candidature for post of Grade II Police Constable on basis of alleged involvement in criminal case – Petitioner participated in protest organized by students against NEET examination – Criminal case filed under Sect...
Civil Procedure – Ex-Parte Order – Setting aside of – Adequate opportunity to the defendant – Importance of providing a fair opportunity to the litigants – Court should not pass an ex-parte decree without cogent reasons supporting such a decision – Need for proper examination of evidence before passing judgment.
Delay in filing the appeal – Di...
Medical Negligence – Complaint against cardiologist for alleged negligence in treatment – Dismissal of the complaint by Delhi Medical Council and affirmation by High Court – Disciplinary Committee found prescription lacking but no negligence in treatment – High Court defers to the expertise of the medical panel. [Para 1, 2, 6-8]
Medical Expertise – High C...
Administrative Law – Judicial Review of Tribunal's Decision – Challenge against the Tribunal's decision allowing out-of-turn promotion based on sporting achievements – Tribunal's decision quashed due to incorrect application of relevant standing orders for promotion criteria. [Paras 1, 14-15, 22]
Promotion in Delhi Police – Criteria under Standing O...
Adoption Law - Cross-Border Adoption and Legal Recognition in India – Petitioners, Indian citizens residing in Kenya, adopted a child in Uganda and sought legal recognition of adoption in India [Paras 2, 3, 9].
CARA’s Inaction on Legalization Request – Petitioners approached CARA for legal sanctity in India but received no definitive response, leading to this petitio...
Arbitration Agreement – Enforceability against Judicial Proceedings – Suit decreed by ADJ despite the existence of an arbitration agreement between the parties – Appellants objected to the maintainability of the suit citing the arbitration clause and Section 8 of the Arbitration and Conciliation Act, 1996 – The objection was raised at the earliest possible instance in the a...
Civil Appeal – Annulment of Marriage – Appellant seeks annulment of marriage on grounds of fraud under Section 12(1)© of the Hindu Marriage Act, 1955 – Allegations of force and fraud as to nature of the ceremony or material facts concerning the respondent – Appellant’s demand of dowry and failure to complete VISA formalities after marriage – Alleged misrepr...
Civil Suit – Permission to examine sole witness – Petitioner seeks permission to examine its sole witness in a civil suit for ejectment and recovery of mesne profits – Matter pending at the stage of defendant evidence – Petitioner willing to pay costs and seeks a final opportunity – Respondent agrees to one final opportunity subject to legal costs and strict terms &nd...
Intra-Court Appeal – Delay Condonation – Sufficiency of Cause – Dismissal of Appeal – Interpretation of “Sufficient Cause” – Principles for Considering Delay Condonation – Importance of Bona Fide Motive – Application for Delay Condonation Not Merely a Formality – Excerpts from the Hon’ble Apex Court Judgments Emphasizing Rigour of L...
Civil Law – Temporary Injunction – Suit for Permanent Injunction – The Karnataka High Court considered an appeal challenging the grant of a temporary injunction to restrain the Bengaluru Development Authority (BDA) from demolishing structures on a property claimed by the respondent. The primary issue was the maintainability of a civil suit for injunction concerning property acqui...