Domestic Violence – Interim Monetary Compensation – Petitioner challenged the order of the 1st Additional Sessions Judge, Srinagar, enhancing interim monetary compensation from Rs. 15,000 to Rs. 31,000 per month – Contention that an appeal under Section 29 of the DV Act against an interim order is not maintainable – Court held that there is no bar on filing an appeal agains...
Stamp Duty – Assessment of Market Value – Petitioner challenged the orders directing payment of deficient stamp duty on agricultural land purchased in 2011 – Contention that the land was being used for agricultural purposes and the authorities erred by not conducting a proper spot inspection – High Court held that the valuation was based on speculative assumptions without p...
Property Law – Partition Suit – Appeal against lower court decree setting aside trial court’s dismissal of partition suit – Appellate court found no legal partition by mutual consent among parties, overturning trial court’s decision – Held that mere possession based on convenience cannot substitute a formal partition [Paras 1-22].
Mutual Partition &...
Education Law – Promissory Estoppel – Legitimate Expectation – Return of Applications for Special Education Courses – RCI’s Decision – Judicial Review – Writ Petitions Against RCI Circulars
Representation and Reliance - Circulars issued by RCI invited fresh proposals from institutions for conducting special education courses for the academic s...
Criminal Law – Summoning and Cognizance Orders – Quashing of summoning and cognizance orders along with consequential orders due to lack of application of judicial mind and procedural irregularities – No evidence indicating the applicants intended to cause death or had knowledge their actions would result in death – Demolition leading to accidental death does not meet crite...
Transplantation of Human Organs – Mandamus issued – Compliance with Authorisation Committee Procedures and Safeguarding Donors' Rights.
Transplantation of Human Organs – Writ petitions filed seeking mandamus directing the respondents to consider the petitioners' representations for kidney transplantation approval – Petitioners facing renal failure, with...
Civil Procedure - Appointment of Receiver - Appeal against trial court order allowing application under Order 40 Rule 1 read with Section 151 C.P.C. – Trust created by will deed dated 25.02.1925 - Dispute over the nature of trust as public or private - Trial court appointed receiver due to mismanagement and misappropriation of trust funds by appellant – Held, no urgency or adequate rea...
Preventive Detention – Grounds of Detention – Petitioner challenged her detention under the Jammu and Kashmir Public Safety Act – Alleged involvement in pushing young girls into forced prostitution and other criminal activities – Six FIRs registered against the petitioner – Detention order justified by Detaining Authority on grounds of public order disturbance –...
Partition Suit - Error in Decree Description - The original suit filed by plaintiffs claimed a 2/3rd share of property purchased in 1981, depicted incorrectly as 0.08 decimal instead of 8 decimals in the suit schedule – Trial Court's decree mistakenly adhered to the incorrect description despite contrary evidence from purchase deed and commissioner's report – Application for re...
Constitutional Law – Article 226 – Writ of Mandamus – Petition filed under Article 226 seeking issuance of a writ of Mandamus directing the respondents to permit the conduct of ‘Hanuman Jayanthi Shobhayatra’ on 01.06.2024, challenging the rejection by the 5th respondent on grounds of lack of authority and arbitrariness – Court held that the Inspector of Police, ...