Civil Procedure – Rejection of Plaint – Cause of Action and Limitation:
Appeal against the trial court’s rejection of a suit for partition under Order VII Rule 11(a) and (d) CPC – Appellants contended the plaint disclosed cause of action and was within limitation – Trial court had dismissed the suit citing absence of cause of action and barred by limitation due to ...
Condonation of Delay – Sufficient Cause – Petitioner sought condonation of delay of 2361 days in filing an appeal – Claimed unawareness of suit and its result till recently – Respondents opposed, alleging falsehood in petitioner’s claims – Court emphasized liberal construction of “sufficient cause” to advance substantial justice – Considered pe...
Railway Accident – Bona Fide Passenger – Claim for compensation due to the death of the appellant’s son in a railway accident – Tribunal rejected the claim stating the deceased was not a bona fide passenger – Appellant contended that the deceased had purchased a ticket and boarded the train, supported by witness testimony [Paras 1-4].
Burden of Proof &nda...
Income Tax – Revision of Assessment – Appellant sought revision of assessments for 2007-2008 and 2009-2010 to treat losses on the sale of shares as business losses – Appellant contended for uniform treatment of income by the Department – Revision petitions dismissed for delay – High Court upheld the dismissal, noting statutory limitations and lack of timely action by ...
Water Sharing Dispute – Writ Petition under Article 32 – Petitioner, Government of NCT of Delhi, requested directions for the release of surplus water from Hathni Kund Barrage by Haryana and Himachal Pradesh to alleviate acute water shortage in Delhi – UYRB convened an emergent meeting and discussed the MoU between Delhi and Himachal Pradesh and the additional water required by D...
Specific Performance – Readiness and Willingness – Suit for specific performance based on a sale agreement dated 02.08.2007 – Plaintiff alleged continuous readiness and willingness to perform her part of the contract – Defendants contended plaintiff's financial inability to pay the balance consideration in time – Trial court decreed the suit in favor of the plaint...
Condonation of Delay – Matrimonial Appeal – Application under Section 5 of the Limitation Act for condonation of 122 days delay in filing appeal against ex parte decree of dissolution of marriage – COVID-19 and family responsibilities cited as reasons for delay – Respondent remarried after expiry of appeal period – Delay not satisfactorily explained – Applicatio...
Joint Trial – Family Court Proceedings – Petitioner sought joint trial for efficiency and consistency in cases involving related issues of maintenance and return of articles – Family Court dismissed application citing different procedures for summary proceedings under Section 125 Cr.P.C. – High Court emphasized objective of speedy justice in family disputes – Joint tr...
Employment Law – Termination on Medical Grounds – Challenge to the order terminating a contractual driver on medical grounds without citing any misconduct – Court finds termination arbitrary and without basis in rules or regulations – University failed to accommodate the petitioner in an alternative role despite medical opinion deeming him fit for duty with due risk [Paras ...
Public Interest Litigation – Post-Poll Violence – Allegations of post-election violence following the 2024 West Bengal state elections – Petitioners raised concerns over the safety and security of citizens, citing incidents of violence and the State Police’s alleged failure to act – High Court directed the continued deployment of Central Forces until 21st June 2024 to...