Motor Vehicles Act – Enhancement of Compensation – Appeal – Appellants sought enhancement of compensation awarded by Claims Tribunal for death in a motor vehicle accident – Tribunal had awarded Rs. 9,40,000 with interest – Appellants claimed deceased’s income was Rs. 30,000 per month as a transporter and contractor, not Rs. 6,000 as assessed by Tribunal – ...
Territorial Jurisdiction – Writ Petition – RTI Act – Section 8(1)(j) – Forum Conveniens – Petitioner challenged the CIC’s order refusing disclosure of attendance records under the RTI Act. The court highlighted the principle of forum conveniens, noting that the SEEPZ-SEZ and concerned authorities were located in Mumbai, thus the High Court of Bombay was the appr...
Property Law – Joint Hindu Family Property – Succession Rights under Hindu Women's Rights to Property Act, 1937 – Applicability to Agricultural Land - High Court examined the applicability of the Hindu Women's Rights to Property Act, 1937, to the agricultural land. Upon the death of Kanhaiya in 1941, the Court found that his wife, Kala Bai, acquired the same rights ...
Sexual Harassment at Workplace – Implementation of POSH Act – Writ Petition seeking directions to ensure compliance with POSH Act by constituting ICC – Court directs Respondent No.1 to take action as per POSH Act – ICC constituted, proceedings initiated but delayed – Petitioner’s identity to be protected – Directions issued for further proceedings despite ...
Family Law – Paternity Dispute – DNA Test – Petition challenging Family Court’s order rejecting application for DNA test to determine paternity – Petitioner had earlier been acquitted in a rape case involving the mother of the minor child – Petitioner had entered into an agreement admitting paternity and agreeing to pay maintenance and compensation – Held:...
Elections – Writ Petition for Re-scrutiny and Re-polling – Article 329(b) of the Constitution – Election Petition as Proper Remedy – Petitioner contested as MLA from 166-Chandragiri Assembly Constituency – Alleged voter suppression, ballot tampering, and violence on polling day – Complaints to election authorities ignored – Petitioner kept in separate room...
Election Law - Maintainability of Writ Petition - Article 329(b) of the Constitution - Petitioner sought declaration of electoral malpractices and repolling - High Court held that disputes relating to election process should be resolved through election petitions as per constitutional mandate - Writ petition dismissed as not maintainable - Held that the Court cannot intervene in ongoing election p...
Civil Law - Specific Performance - Application for Handwriting Expert Referral - Writ Petition challenging the Trial Court's order dismissing an application under Order XXVI Rule 10A read with Section 151 CPC for referring documents to a handwriting expert – Suit for specific performance of an agreement of sale – Disputed signatures on sale agreement – Defendant contested sig...
Election Law – Writ Petition challenging election process – Dismissal on grounds of non-maintainability – Petitioner contested in the 2024 General Elections as an MLA candidate from the YSR Congress Party – Allegations of electoral offences and collusion between election staff and Telugu Desam Party personnel – Petitioner sought fresh polls in specific polling station...
Constitutional Law - Right to Property - Writ Petition under Article 226 – Petition challenging unauthorized construction of a road on private land - Article 300-A and human rights considerations - State cannot dispossess a citizen of property without legal sanction and compensation - The State's claim of adverse possession against a private individual is untenable - Held, construction o...