Divorce Petition Dismissal – Mental Cruelty and Mental Disorder Unproved – Appellant (husband) appealed against Family Court’s judgment dismissing his divorce petition under Sections 13(1)(ia) and 1(iii) of the Hindu Marriage Act, 1955, on grounds of alleged cruelty and mental disorder by respondent (wife) – Family Court found no substantial proof of cruelty or mental disor...
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].
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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, ...