Service Law - Liberalised Family Pension – Classification of Death – Army Order 1 of 2003 – Appeal Dismissed - The respondent sought Liberalised Family Pension after her husband's death, initially classified as a 'battle casualty' but later changed to 'physical casualty.' The Tribunal found the death occurred due to extreme climatic conditions during Operation...
Amendment of Written Statement – Order VI Rule 17 CPC – Petitioner sought to amend the written statement to include new facts and explanations regarding the execution of the Agreement to Sell (ATS) – Trial Court dismissed the amendment application, noting the completion of pleadings and advanced stage of trial – High Court upheld Trial Court's decision, citing the propo...
Judicial Orders of Civil Courts – Maintainability of Writ Petition – Article 226 and Article 227 of the Constitution – A writ petition under Article 226 challenging an interlocutory order of a civil court was filed – The petitioner sought quashing of an order rejecting an application under Order I Rule 10 CPC – Supreme Court in Radhey Shyam v. Chhabi Nath, (2015) 5 SC...
Civil Procedure – Executability of Decree – Pecuniary Jurisdiction – The petitioner challenged the execution of an ex-parte decree passed by the Civil Judge, Junior Division, arguing that the suit value of ₹9,00,000 exceeded the court's pecuniary jurisdiction of ₹5,00,000, rendering the decree null and void – Held: A decree passed by a court lacking pecuni...
Public Law Compensation – Electrocution Incident – Breach of Public Duty – Petitioners sought Rs. 25 lakhs compensation for the death of their 3-year-old son, who was electrocuted by a high voltage line abutting their house’s terrace. Respondent-authorities rejected the claim, attributing the incident to illegal construction by petitioners. The Court recognized the jurisdic...
Medical Termination of Pregnancy – Fetal Abnormality – Petitioner's application for medical termination of pregnancy due to substantial fetal abnormalities denied by Lok Nayak Hospital's Medical Board – Subsequent examination by AIIMS Medical Board diagnosed fetus with Joubert Syndrome, a multisystem disorder with poor neurodevelopmental outcomes – High Court accept...
Family Law – Transfer of Matrimonial Proceedings – Petitioner-wife sought transfer of husband's divorce petition for convenience and effective prosecution – Related criminal and maintenance cases filed by wife pending in Raibag – Respondent-husband opposed citing inconvenience due to work location – Court ordered transfer considering wife's existing cases and ...
Civil Procedure – Bar under Order 2 Rule 2 of the CPC – Challenge against dismissal of petition for ownership declaration of flat jointly owned by appellant and respondent – Family Court dismissed petition under Order 2 Rule 2(3) of CPC on grounds of cause of action identity with earlier divorce petition – Appeal raised whether the subsequent petition for ownership could be...
Service Law – Recruitment Rules – The court upheld the validity of the recruitment process for Industrial Training Instructors under the Rules of 2018. The petitioners' challenge based on the non-publication of these rules in the official gazette at the time of the advertisement was rejected, as the rules did not impose penalties or compliance obligations on citizens and were meant...
Habeas Corpus – Child Custody – Petition by father seeking custody of minor child born while mother resided at her maternal home – Court finds no evidence of illegal custody by mother – Mother’s custody of child presumed lawful in absence of material suggesting illegal alteration of custody – Court emphasizes welfare of child as paramount consideration in such c...