Family Law – Dissolution of Marriage – Cruelty – Supreme Court upheld the High Court’s reversal of the Family Court's decree of dissolution of marriage on the ground of cruelty – Found no basis for the allegation of cruelty by the respondent, who had faced complications during pregnancy and stayed at her parental home for legitimate reasons – The appellant f...
Stamp Duty – Admissibility of Insufficiently Stamped Document – Appellant contested the High Court’s order which overturned the Trial Court’s direction to pay deficit stamp duty and penalty on a GPA – Trial Court had initially admitted the GPA without considering its insufficient stamping – High Court’s decision quashed, reaffirming the Trial Court’s...
Electricity Law – Withdrawal of Petition – Appellants-DISCOMS sought to withdraw the petition for the approval of PPA – Decision impacted significant investments by HNPCL – Appellants could not be permitted to change decisions whimsically, especially when contrary to public interest – APTEL held DISCOMS’ withdrawal of the petition as impermissible, upholding the...
Consumer Protection – Delayed Possession of Property – Appeal against National Consumer Disputes Redressal Commission's Order – Supreme Court sets aside part of Commission's order allowing respondent-developer to charge interest at 9% p.a. on balance amount from appellants. Appeal arises from delayed possession of a flat by the respondent-developer. Commission partly allo...
Public Employment – Eligibility Criteria – Advertisement required applicants to possess Rajasthan State Certificate in Information Technology (RSCIT) by the last date of application submission – Respondent did not possess RSCIT by the extended deadline and was subsequently rejected – Acquired RSCIT in 2014, after stipulated period – Recruitment resumed in 2017 under o...
Service Law – Pension Fixation – Respondent retired as a selection grade Lecturer on voluntary retirement w.e.f. 31.7.2006 – Initial pension fixation errors corrected by High Court, confirming pre-revised pension at Rs. 8907 – Revised pension fixed at Rs. 19334 w.e.f. 1.1.2006 following High Court directions – Appellant challenged revised fixation citing leave without...
Agreement of Sale and Specific Performance - Appellants entered into a sale agreement with respondents in 1990 with a six-month completion time; subsequent sale deed executed with a third party in 1997; respondents filed suit in 1998 for specific performance after the appellants’ failure to execute the agreement. [Paras 3, 24-27]
Fingerprint Evidence and Payment Discrepancies - ...
Government Service – Regularization and Pay Scale Benefits – Challenge to withdrawal of pay scale benefits and subsequent recovery from superannuated appellants – Consideration of the legality of orders and policies by various government departments affecting the pay scale of Ayurvedic and Unani Medical Officers. [Para 1-6]
Administrative Decision – Binding Nat...
Transfer of Case – Petitioner-wife seeks transfer of restitution of conjugal rights case from Rajasthan to Punjab under Section 25 of the CPC – Respondent-husband absent and unresponsive despite notice via speed post and WhatsApp – Transfer approved by the Supreme Court, moving the case from Sri Ganga Nagar, Rajasthan to Faridkot, Punjab [Paras 1-5, 8]
Case Managemen...
Arbitration – Jurisdiction of Arbitrator – Lease and dealership agreements are distinct – Arbitration clause in dealership agreement invoked for dispute – Arbitrator appointed under dealership agreement adjudicated lease agreement issues – Held, arbitrator exceeded jurisdiction – Award on lease rent and term set aside [Paras 1-61].
Contractual Inter...