Matrimonial Law – Divorce – Mental Cruelty and Desertion – Petition for divorce by husband under Section 13(1)(ia) and (ib) of the Hindu Marriage Act dismissed by Family Court – Evidence of mental cruelty by wife established through repeated false complaints under the Domestic Violence Act and false allegations questioning the paternity of the child – Evidence also es...
Civil Law - Limitation – Mixed Question of Fact and Law – Rejection of Plaint at Preliminary Stage – The appellant contended that the plaint should be rejected under Order VII Rule 11 CPC as the suit was barred by limitation. The plaintiff argued that knowledge of the gift deeds was first acquired in 2021. The court found that this raised a mixed question of fact and law that req...
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...
Service Law – Seniority List – Promotion – Writ petition challenging the revised seniority list dated 14.3.2022, which placed the petitioner at a lower rank and affected his promotion prospects – Petitioner contended that his service should be reckoned from his date of regularization in 1998, not from his initial appointment in 1997, which was on a consolidated pay during t...
Hindu Succession Law – Rights of Daughters Prior to 1956 – Inheritance Excluded – The court held that under the Hindu Women’s Rights to Property Act, 1937, inheritance rights to daughters were excluded if the father died before 1956 leaving behind a widow – The 1937 Act granted limited ownership only to the widow; daughters were not included in inheritance under this ...
Reservation Policy in Public Employment – EWS Category – Petitioner challenges the provisional selection of respondent No.4 for the post of Assistant Professor in Sociology under the EWS category – Court examines the applicability of EWS reservation policies as per J&K Reservation Act, 2004, and the UGC guidelines – University of Jammu found not to have amended its stat...
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...
Matrimonial Law – Divorce on Grounds of Cruelty and Desertion – Petition Dismissed – Husband sought divorce alleging cruelty and desertion by wife – Alleged that the wife ill-treated him, was addicted to bad habits, and deserted him from 17/01/2020 – Evidence revealed inconsistencies in the husband's claims, including admissions of cohabitation for 85-90 days afte...
Partition Suit – Presumption of Jointness – Burden of Proof – A joint Hindu family is presumed to remain joint unless contrary evidence is provided – In cases of alleged prior partition, the burden lies on the party asserting it – Held: The defendants failed to establish that the suit properties were previously partitioned by metes and bounds, and the presumption of j...
Service Law – Back Wages – Reinstatement Following Illegal Termination – Petitioner, a Lecturer, was terminated illegally and reinstated after 10 years without back wages – Held, reinstatement does not automatically entitle one to back wages; requires proving non-gainful employment during the period – Fault lies with the employer (governing body) for non-compliance &n...