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...
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...
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...
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...
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...
Specific Relief Act – Bar to Declaratory Relief – The court emphasized that a suit for mere declaratory relief without seeking consequential relief is barred under Section 34 of the Specific Relief Act. The appellant failed to seek possession in the original suit, rendering the suit unmaintainable [Paras 26-36].
Constructive Res Judicata – The court upheld the princi...
Land Acquisition – Compensation under 2013 Act – Disputes on Advance Payment – State's Demand for Refund Quashed – Petitioners challenged the State's demand for refund of advance compensation paid for land acquired under the 2013 Act – CIDCO and State authorities contended the land was under Court Receiver's possession and acquisition lapsed – Court ...
Partition and Possession – Joint Hindu Family Property – Appellant contested respondents’ claim for half share in the suit property – Lower courts decreed suit based on finding that the property was joint family property and no partition had taken place – Appellant argued that the property was self-acquired by Harlal and included a disputed sale deed –...
Examinations – Judicial Review – Appellants contested the accuracy of the CGLE 2023 answer key and sought re-evaluation – High Court emphasized limited judicial review scope in academic matters – Courts generally refrain from interfering with expert evaluation unless there's a glaring error or violation of natural justice – Appeals dismissed as no exceptional circ...
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...