Civil Procedure – Production of Additional Documents – Petitioner challenged the order of the Trial Court that partially allowed the application under Order VII Rule 14 CPC – Contention that documents were highly relevant for adjudication of the matter and were improperly excluded – Trial Court found the reasons for delay in preparing documents irrelevant – High Court...
Jurisdiction – Small Causes Court – Eviction and Possession – Small Causes Court has jurisdiction over disputes involving landlord and tenant, including suits for recovery of possession – Claims arising out of the Maharashtra Rent Control Act fall within exclusive jurisdiction of Small Causes Court – Civil Revision Applications dismissed – High Court upheld the ...
Unauthorized Construction – Retention of Additional Floor – Sections 174 and 177 of the Howrah Municipal Corporation Act, 1980 – Petitioner challenged the Corporation’s decision to allow private respondents to retain an additional floor beyond the sanctioned G+1 structure – High Court held the action of the Corporation as contrary to law – Corporation directed t...
Dress Code – Fundamental Rights – Petitioners challenged the dress code imposed by the college which prohibited the wearing of Hijab and Nakab, arguing it violated their rights to freedom of expression and religious practice under Articles 19(1)(a) and 25 of the Constitution. The High Court found that the dress code did not infringe on these rights, as it aimed to prevent the disclosur...
Trusteeship Removal – Grounds of Removal – The appellant was removed from his position as hereditary trustee due to non-compliance with mandatory requirements under Sections 29 and 30 of the Act, unauthorized leasing of temple properties, improper handling of property registers, and unauthorized collection of donations for temple renovations. The court found that the appellant failed t...
Municipal Law – Disqualification of President – Petitioner, directly elected President of Wai Municipal Council, challenged the order of disqualification and removal from the post – Allegations of accepting a bribe of Rs. 14,000 for clearing a contractor’s bill – Inquiry conducted by Sub-Divisional Officer and findings forwarded to the Collector, who recommended remov...
Motor Accident Claim – Assessment of Just Compensation – Appeal against Tribunal’s award – Tribunal assessed deceased’s income as Rs. 4,000 per month and granted compensation accordingly – High Court reassesses income based on evidence of partnership business in stone crushing – Future prospects added at 40% – Multiplier of 17 applied considering vic...
Insurance Claim – Cyclone Damage – Appellants challenged the judgment awarding the respondent compensation for cyclone damage to stock insured under their policy – Trial Court had partially decreed the suit for Rs.1,01,091/- with 6% interest – Appellants argued damages should exclude verandah-stored stock not covered by policy and questioned privity of contract for interest...
Motor Vehicles – Compensation for Injuries – Appellant (insurance company) challenged the award of compensation for injuries sustained by the petitioner in a motor vehicle accident – Tribunal awarded Rs. 4,77,130/- with 9% p.a. interest – Appellant contended the driver did not have a valid license to drive a light motor transport vehicle – High Court held that the dri...
Administrative Law – Discretionary Power – Licensing Authority – Appellant challenged interim order permitting racing and betting activities by the Bengaluru Turf Club despite rejection of their license applications – Court held that licensing authority exercised proper discretion based on pending criminal cases against Club’s office bearers and allegations of illegal...