Rejection of Plaint – Limitation – Appellant challenged the High Court’s dismissal of revision petitions confirming trial court’s refusal to reject plaints under Order VII Rule 11(d) CPC – Supreme Court held that the respective suits were barred by limitation as they were filed 10 years after the execution of sale deeds – Held, vague allegations and clever draft...
Principles of Natural Justice – Opportunity of Personal Hearing – Violation – Writ Petition filed to set aside a demand order issued under the CGST Act raising a total demand against the petitioner. Petitioner contends that the impugned order was passed in gross violation of principles of natural justice as it was passed without affording an opportunity of personal hearing. [Para...
Capacity determination of Rice Mill – Retrospective application of instructions – Petitioner installed Rice Mill in 2007 – Capacity determined as 4 MT based on 2007 guidelines – Subsequent modification in 2010 disallowing leased land for capacity determination – Respondent re-determined capacity as 2 MT in 2022 – Petitioner challenged the order – Whether 2...
Medical Termination of Pregnancy – Scope of Rule 3B – Unmarried women are entitled to safe and legal abortion under Section 3(2)(b) of the MTP Act read with Rule 3B – The rule includes all women who face a change in material circumstances, irrespective of marital status – The exclusion of unmarried women is discriminatory and violative of Article 14 of the Constitution &nda...
Matrimonial Law - Divorce - Cruelty - Appeal against the judgment of the Additional District Judge denying divorce on the ground of cruelty - Husband alleged disrespectful behavior, physical assault, and financial exploitation by wife - Wife alleged husband's extramarital relationship with colleague causing marital discord - Evidence showed husband's intimate association with colleague, in...
Limitation Act, 1963 – Articles 58 and 59 – Commencement of limitation period for suits for declaration or cancellation of instrument – Held, the period of limitation for filing a suit seeking a declaration or cancellation of an instrument is three years, which begins to run from the date when the right to sue first accrues. [Para 25]
Cause of Action – Definiti...
Defamation – Comments in Transcripts – False and Defamatory – [Para 37 to 39, 52 to 61] – Suit for defamation filed by plaintiff against Defendants No. 1 to 4 alleging false and defamatory comments inserted by Defendant No. 3 in the transcript of the interview titled “Operation West End” – Plaintiff holding the position of Major General in the Army –...
Compensation for gunshot injury - Negligence of Railway Protection Force - Writ petition filed seeking compensation for personal injury, trauma, and mental agony suffered by the petitioner due to a gunshot injury inflicted by a Railway Protection Force constable - Admitted incident and negligence of the constable - Railway contesting the matter - Jurisdictional issue raised - Maintainability of th...
Matrimonial Dispute - Divorce Petition under Sections 13(1)(ia) and 13(1)(ib) of the Hindu Marriage Act, 1955 - Allegations of cruelty and desertion by the appellant/husband against the respondent/wife - Appellant's claim of mistreatment and refusal to live together - Respondent's assertions of being a dutiful wife and attempts at reconciliation - Assessment of evidence and credibility of ...
Termination of services – Writ petition filed under Article 226/227 of the Constitution of India – Petitioner sought quashing of order dismissing his appeal against termination of service and reinstatement with continuity of service and payment of arrears of pay and other benefits – Petitioner appointed as Senior Lecturer-Mass Communications at Ansal Institute of Technology &ndas...