Constitutional Law – Ultra Vires Declaration – Section 10-A of Telangana Act Invalidated – Petitioners, unemployed youth, contended that Section 10-A, allowing regularization of contract employees, contravened Articles 14, 16, and 309 of the Constitution, and undermined statutory recruitment rules – Court held: Section 10-A is ultra vires as it conflicts with existing Educa...
Guardianship – Article 226 – Appointment of Guardian for Person in Comatose State – Petition filed under Article 226 seeking declaration of the petitioner as the guardian of her husband, who is in a persistent vegetative state due to a cerebrovascular stroke – Held: No existing legislation for appointing a guardian in such cases; Court invoked parens patriae jurisdiction to...
Professional Misconduct – Clause (7), Part I, Second Schedule, Chartered Accountants Act, 1949 – Gross Negligence – Issuance of Utilization Certificates without adequate verification – Council of ICAI held respondent guilty of professional misconduct for certifying financial statements without corroborating documents and failing to disclose reliance on other sources –...
Matrimonial Law – Divorce – Grounds of Cruelty – Long Separation – Held: Prolonged separation of 24 years with complete absence of reconciliation efforts constitutes mental cruelty under Section 13(1)(ia) of the Hindu Marriage Act, 1955 – The bitterness and irretrievable breakdown of the marriage fulfill the cruelty threshold – Divorce granted [Paras 26-29].
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Order XXXVIII, Rule 5 CPC – Attachment Before Judgment – Plaintiff sought direction for defendants to furnish security and injunction on bank account operations to secure the amount allegedly due for goods supplied – Defendants disputed the quality and quantity of goods, and denied liability – Court held no prima facie case made by plaintiff to warrant attachment before jud...
Suits for Permanent Injunction – Necessity of Title Proof – Requisite Pleading – Suit Dismissed: Where the plaintiff fails to prove ownership of the disputed property, a suit for permanent injunction simpliciter is not maintainable. Both lower courts correctly applied the principles laid down in Anathula Sudhakar v. P. Buchi Reddy, (2008) 4 SCC 594 – Held: Plaintiff temple ...
Writ Jurisdiction – Exercise of Power under Article 226 – Discretionary Nature – Rule of Self-Imposed Limitation – High Court’s power to issue certiorari for legality, irrationality, and procedural impropriety – Not barred by statutory remedy if fundamental rights violation or public policy at stake [Paras 7-8].
Building Plan Sanction – Requirement of R...
Appointment of Non-Teaching Staff – Requirement of Prior Approval – Appellant challenged the decision of the Single Judge which quashed the orders of the DIOS disapproving the appointment of the respondent as an Assistant Clerk – Argument that minority institutions are exempt from seeking prior approval as per Regulation 101 of the Act – Single Judge held Regulation 101 ina...
Limitation Law - Condonation of Delay – Litigant's Responsibility – Section 5 of the Limitation Act, 1963 – Condonation Denied - The Court emphasized the litigant’s duty to vigilantly monitor proceedings initiated by them. The excuse of advocate negligence was deemed insufficient to justify a delay of 534 days – Held: The delay cannot be condoned solely on allegat...
Execution of Will – Proof and Attestation – Section 63(c) of the Indian Succession Act – Will Upheld – The appellant challenged the Will (Ext.B2), alleging irregularities and suspicious circumstances – Held: The Will’s execution and attestation were duly proved by the attestor, satisfying legal requirements – The registration of the Will lends credence, th...