Transfer Petition in Family Court Matters – Jurisdiction and Convenience – Petition for transfer of case from Family Court, Kozhikode to Family Court, Manjeri – Petitioner, a mother, citing financial and health constraints and shorter distance to Manjeri – Respondents argue minimal distance difference and minor child's school and Madrassa in Kozhikode – Court cons...
Hindu Law – Joint Family Property – Alienation – A Hindu father or managing member of a HUF has the power to make a gift of ancestral property only for a 'pious purpose' – The gift deed executed ‘out of love and affection’ does not come within the scope of the term ‘pious purpose’ – The Karta/Manager may alienate joint family property o...
Labour Law – Territorial Jurisdiction – Preliminary Issue – The Labour Court decided that it lacked territorial jurisdiction since the appellant was employed, worked, and terminated at Ghaziabad – The Labour Court's decision, upheld by the High Court, was affirmed by the Supreme Court, which emphasized that the court at the location where the cause of action arose has t...
Constitutional Law – Writ Jurisdiction – Duty of High Court – The High Court must deal with all issues raised in a writ petition and provide a reasoned order – The High Court failed to address the merits of the order passed by the Tribunal, instead directing compliance without any substantive discussion – The High Court's failure to exercise its jurisdiction under...
Service Law – Appointment Process – Statutory Interpretation – The Andhra Pradesh Direct Recruitment for the post of Teachers (Scheme of Selection) Rules, 2012, specifically Rule 16, does not mandate the preparation of a waiting list – In the absence of such a provision, the employer is not required to offer unfilled vacancies to candidates next in the merit list – Th...
Insolvency and Bankruptcy – Limitation – Acknowledgment of Debt – The provisions of Section 18 of the Limitation Act are applicable to proceedings under the IBC – An acknowledgment in a balance sheet without qualification can extend the period of limitation, provided the acknowledgment is within three years from the original date of default [Paras 13-14].
Judic...
1. Workmen's Compensation Act, 1923 - Jurisdiction of Deputy Labour Commissioner-cum-Commissioner for Workmen Compensation - Contesting claim - Scope of - High Court holding the claim as coram-non-judice - Appeal against - Written statement filed by respondent not amounting to contest - Employer admitting the claim - Lack of cross-examination by insurer - Claim not meeting the criteria of a co...
Educational Qualification – Requirement for Appointment – Advertised Qualification – Postgraduate and Bachelor Degrees in History – Appellants challenged the cancellation of their appointments due to having degrees in specialized branches of History rather than History as a whole – Supreme Court upheld the cancellation, affirming that specific educational qualificatio...
Education Law – Eligibility for Absorption – Absorption of Teachers – Post Qualification Teaching Experience – State Government took over a private Ayurvedic College – Screening Committee to assess qualifications and eligibility as of the cut-off date (June 1, 1986) – Supreme Court held that eligibility should be assessed as of the cut-off date and not based on ...
Custody and Guardianship of Minor Child – Varunavi, a minor whose parents died in a road accident, became the subject of a guardianship dispute between the paternal grandfather (Appellant) and the maternal grandmother (Respondent) – Both filed petitions under the Guardians and Wards Act for appointment as guardian of the child's person and property. [Para 2]
Trial Court Decision...