Independence of Administrative Bodies – Autonomy and non-interference are essential for the effective functioning of administrative bodies. These bodies must be free from undue interference to carry out their specialized tasks impartially and efficiently [Para 1].
Right to Information Act – Authority to Frame Regulations – Central Information Commission (CIC) has the...
Contract Law – Neglect by Promisee: Section 67 of the Indian Contract Act, 1872, stipulates that if the promisee neglects or refuses to provide reasonable facilities for the promisor to perform the promise, the promisor is excused from non-performance. In this case, the High Court’s conclusion that the appellant abandoned the contract was erroneous. The evidence showed the respondents ...
Partition Suit – Burden of Proof – Matrimonial Relations – Appellant filed a suit for partition and separate possession, claiming to be the son of respondent from his marriage with Padminibai. Trial Court and First Appellate Court decreed the suit, but High Court reversed these decisions, finding inconsistencies in the evidence. Supreme Court upheld High Court’s judgment, e...
Land Acquisition – Lapse of Proceedings – Section 24 of the 2013 Act: Under Section 24(1)(a) of the 2013 Act, there is no lapse of proceedings if the award is not made as of the date of commencement of the 2013 Act (01-01-2014). Compensation must be determined under the provisions of the 2013 Act. Section 24(2) provides for deemed lapse if the authorities fail to take possession or pay...
Restitution – Principle and Application: Section 144 of the CPC embodies the principle of restitution, which mandates that no party should benefit from a wrong order of the court once it is set aside by a higher court. This principle ensures that parties are restored to their original position as if the erroneous order had never been passed. The High Court's judgment permitting the State...
Land Acquisition Compensation – Enhanced Compensation - analyzed the judgements of the Karnataka High Court relating to enhanced compensation for land acquired by the State for various irrigation projects. The Court reviewed the acquisition process and compensation awards made by the Special Land Acquisition Officer (SLAO), Reference Court, District Court, and the High Court for the acquired...
Implementation of MV Act for Compensation in Hit and Run Cases – Examination of Section 161 of the MV Act for compensation to victims of hit and run motor accidents – Central Government to ensure compensation as per the Act and the Scheme made under the Act. [Para 1, 2]
Compensation of Victims of Hit and Run Motor Accidents Scheme, 2022 – Replaced the Solatium Scheme...
Historical and Cultural Significance of Chittorgarh Fort - Recognized under relevant Acts and as a UNESCO World Heritage Site - Importance of preserving the fort from damages due to urbanization and mining activities. [Paras 1-2]
Conflict between Mineral Exploitation and Monument Preservation - Dilemma over limestone mining near Chittorgarh Fort and its potential harm to the monument&...
Execution of Decree and Objection under Section 47 CPC - Trial Court's decree against Samiullah (Defendant No. 2) based on his failure to file a written statement was challenged for lacking inherent jurisdiction and thus inexecutable. The High Court, agreeing with the Executing Court, found the decree void, leading to the current appeal. [Paras 1-7, 12, 32-41, 51]
Adjudication on Jurisdicti...
Right to Legal Representation – Fundamental Rights Violation: Challenge to the resolution of the Mysore Bar Association, dated 16th March 2019, prohibiting its members from filing vakalatnama on behalf of the petitioner – Considered a violation of the petitioner's fundamental right to legal representation and the lawyers' right to practice their profession – Supreme Court...