Arbitration Law – Extension of Time under Section 29A – Post-Expiry Applications – Maintainability – Appeals concerning whether an application for extension of time under Section 29A of the Arbitration and Conciliation Act, 1996, can be filed after the expiry of the mandate of the arbitral tribunal. The Calcutta High Court held that such an application must be filed before ...
Hindu Marriage Act, 1955 – Divorce Granted – Grounds of Cruelty and Desertion - The appellant alleged that the respondent-wife insisted on moving to her parental home and later deserted him without consent - The respondent claimed harassment and demand for dowry - The Court noted the absence of denial by the respondent that she left the matrimonial home and the omission to explain the ...
Service Law – Inter-Cadre Deputation – Order of Central Administrative Tribunal Set Aside – The petitioner, an Indian Forest Service officer from the Manipur Cadre, sought an extension of his inter-cadre deputation to Kerala for an additional two years due to personal difficulties – His initial deputation was granted on grounds of his father's old-age ailments and his f...
Consumer Law – Writ Petitions under Article 227 – Jurisdiction – Challenge to NCDRC Orders – Multiple writ petitions were filed in the High Court of Delhi challenging the orders of the National Consumer Disputes Redressal Commission (NCDRC) – Petitioners contended that the High Court of Delhi had jurisdiction as NCDRC is located in Delhi – Respondents argued tha...
Property Law – Settlement and Adverse Possession – Appellant's claim of adverse possession and rightful ownership dismissed – The trial court and appellate court found the plaintiff-respondent in possession and use of disputed land as appurtenant to his house since the time of ancestors (Para 21) – Defendant-appellant failed to prove purchase from the zamindar, as claim...
Constitutional Law – Local Body Elections – Appeals Dismissed – Article 243-U – Mandate for Timely Municipal Elections - The appeals challenged the learned Single Judge's direction for notifying elections, citing the incomplete "triple test formalities" for OBC reservation - The Court highlighted the inviolability of the constitutional mandate under Article 24...
Criminal Law – Sexual Assault – Conviction Upheld – Minor Victims – The appellant, a close relative of the complainant, was accused of sexually assaulting five minor girls aged 8 to 13 years over two years. The victims were residents of the same village as the appellant. The trial court convicted the appellant based on consistent and corroborative evidence from the survivor...
Landlord-Tenant Dispute – Appeal – Reversal of High Court Judgment – Appeal concerning ownership of property following a dispute between landlord and tenant – Supreme Court held that no right of ownership was conferred upon the tenant under the consent order, which merely dealt with the conditions for eviction or dismissal of eviction proceedings – High Court's de...
Civil Law – Title Dispute – Compensation Allocation – Reversal of Lower Court Judgment – Appellant (Lakshmesh M.) claimed title to 1 acre and 12 guntas of land in Bangalore, which was granted to him by purchase from the original owner – Trial court upheld the Appellant’s title but awarded 30% of the compensation from the acquired portion to private defendants (m...
Property Law – Joint Ownership – Validity of Sale Deed – Appellant purchased property based on sale deed executed by one co-owner without partition – Trial Court dismissed suit for lack of possession, but First Appellate Court reversed decision, disbelieving family settlement and ruling no partition had occurred – High Court affirmed this decision – Held: Sale d...