Article 227 of the Constitution of India – Matrimonial Case – Expedited Disposal of Proceedings – Right to Speedy Justice – Direction to the Family Court for expeditious trial – Petitioner seeks dissolution/nullity of marriage – Apex Court’s recognition of the right to speedy justice under Article 21 – Notice to Respondent dispensed with – Emph...
Land Acquisition – Lapse of Proceedings – High Court declared acquisition proceedings lapsed under Section 24(2) of the 2013 Act due to non-payment of compensation – High Court relied on Pune Municipal Corporation case – Supreme Court observed that the decision in Pune Municipal Corporation was overruled by the Indore Development Authority case – Held that possession ...
Medical Negligence – Reduction of Compensation – National Commission enhanced the compensation from Rs. 1 lakh awarded by the District Forum to Rs. 10 lakhs – Supreme Court found enhancement unjustified in absence of appeal or revision by the complainant – National Commission did not exercise suo moto revisional power properly – Supreme Court reduced the enhanced comp...
Income Tax – Charitable Trusts – Section 2(15) – Revenue sought clarification on judgment dated 19.10.2022 – Supreme Court clarified that the application of the law declared in the judgment is limited to the assessment years in question before the court – For future assessment years not before the court, authorities must apply the law declared in the judgment consider...
Civil Procedure – Suppression of Material Facts – Appellant challenged the Appellate Court’s decree for specific performance on grounds of suppression of earlier suit – Respondents did not disclose the previous suit in the plaint, which was material to the case – Supreme Court held non-disclosure amounted to fraud on the court, rendering the decree void [Paras 1-34].
...
Constitutional Law – Article 136 – Plea of juvenility under Section 7A of the Juvenile Justice Act, 2000 can be raised at any stage, even after final disposal of the case – Supreme Court emphasized the significance of juvenility claims and the need for appropriate verification, given the potential for juveniles to be wrongfully tried as adults [Paras 1-30].
Juvenile ...
Contempt of Court – Civil and Criminal Contempt – The Supreme Court held that Perry Kansagra committed egregious acts of contempt by willfully disobeying the Court's orders, falsely representing facts before a foreign court, and obstructing the administration of justice. These actions constituted both civil and criminal contempt. The Court emphasized that its power to punish for co...
Consumer Law – Unfair Trade Practice – Non-delivery of a new car booked and paid for in full constitutes unfair trade practice and dishonesty – District Forum and State Commission's directions to deliver a new car were justified – National Commission erred in reversing these findings [Paras 1-8].
Revisional Jurisdiction – Scope and Limitations –...
Service Law – Recruitment Process – Legitimate Expectation – The High Court of Delhi addressed the petitioner's claim for appointment as a 'Follower' in Border Security Force under the recruitment process initiated in 2008. The petitioner's selection process was completed, but the appointment was withheld due to subsequent changes in recruitment rules. [Paras 31, ...
Evidence Act, 1872 - Sections 63 and 65 - Secondary evidence - Original will sought to be proved by way of secondary evidence - Existence and execution of original will not established - Mere assertion of possession by one defendant not sufficient - Secondary evidence cannot be admitted without establishing existence and loss of original document - Order allowing secondary evidence set aside. (Par...