Election Law – Filing of replication in election petition – High Court allowed the election petitioner to file replication responding to new facts in the appellant’s written statement – Supreme Court held that replication is permissible under Order VIII Rule 9 CPC, which is applicable to election petitions under Section 87 of the Representation of People Act, 1951, to ensur...
Land Acquisition – Notification – Pending Proceedings: The acquisition and notifications under Sections 4 and 6 of the Land Acquisition Act were already under consideration in other proceedings before the High Court. To avoid conflicting orders and ensure consistency, all appeals concerning the same acquisition should be heard together. The High Court erred in deciding the present appe...
Motor Vehicles Act – Death in Accident – Compensation – Multiplier: The deceased, aged 54, died in a motor vehicle accident. The appropriate multiplier for calculating compensation was held to be 11. The appellants were awarded compensation of Rs. 2,433,064 with interest at 9% from the date of filing the claim application until realization .
Judicial Precedents...
Service Law – Compulsory Retirement – Validity – Challenge against compulsory retirement of respondent, a Head Constable in the CRPF, following proven charges of assault and abuse against a colleague – Supreme Court upholds validity of compulsory retirement under Rule 27 of CRPF Rules, 1955, even though not explicitly listed under CRPF Act, Section 11 – Held, rule-mak...
Consumer Law - Insurance Law – Acceptance of Insurance Proposal – The Supreme Court overturned the NCDRC’s decision which had dismissed the appellants’ claim for insurance benefits following the policyholder’s death, holding that the insurance proposal was indeed accepted by LIC, and thus a binding contract was in place at the time of the policyholder’s death &n...
Resignation – Constructive Dismissal – Sexual Harassment – Petitioner’s resignation from the post of Additional District & Sessions Judge, Gwalior, dated 15th July 2014, cannot be construed as voluntary. Order dated 17th July 2014 accepting the resignation quashed – High Court's acceptance of resignation found without proper consideration of the coercive circu...
Interpretation of Recovery Laws vis-à-vis Limitation Act – Question on whether debts time-barred under the Limitation Act can be recovered using the Haryana Public Moneys (Recovery of Dues) Act, 1979 – Appeals arise from Punjab and Haryana High Court judgment dismissing writ petitions against recovery notices for debts alleged to be time-barred – High Court held that Limit...
SARFAESI Act – Mortgage – Discharge of Borrower’s Liability: The Supreme Court held that merely selling the mortgaged property or securing part of the outstanding dues does not discharge the borrower from the entire liability. The borrower’s liability with respect to the balance outstanding continues. The Division Bench of the High Court erred in directing the release of th...
Custody Battle – Military officer vs. School teacher – Appeal from High Court’s decision altering custody arrangements made by Family Court, which initially granted exclusive custody to father, an army officer, and limited visitation to mother, a school teacher – Supreme Court reinstates Family Court’s decision, emphasizing children’s stated preference and welfa...
Constitution of India – Article 21 – Premature Release – Application for Premature Release: The Supreme Court held that the order rejecting the application for premature release lacked application of mind to relevant circumstances. The order merely noted potential resentment among the victim's side and the petitioner's extremist nature without considering the petitioner&#...