Transfer Petition under Section 25 CPC - Petitioner seeks transfer of matrimonial case from Karnataka to Maharashtra.
Mutual Consent Divorce - Parties referred to Supreme Court Mediation Centre, leading to settlement agreement for mutual consent divorce under Article 142 of the Constitution and Section 13B(1) of the Hindu Marriage Act, 1955.
Settlement Agreement - Agreement detailing dissolu...
Transfer Petition in Matrimonial Dispute – Settlement and Mutual Divorce – Petition filed under Section 25 CPC for transfer of matrimonial case from Karnataka to Maharashtra. Parties arrive at a settlement during mediation, agreeing to dissolve their marriage via mutual consent under Article 142 of the Constitution. [Para 1-2]
Settlement Terms – Property and Financial Arrangem...
Civil Procedure – Rejection of Plaint – Order 7 Rule 11(d) – Supreme Court held that once a plaint is rejected under Order 7 Rule 11(d) CPC, there is no occasion to direct that an amendment be made to the plaint – The rejection of the plaint on the grounds that the suit is barred by any law precludes the plaintiff from rectifying the defects through amendment [Paras 1-14].
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Civil Appeal – Divorce – Irretrievable Breakdown of Marriage – Whether the irretrievable breakdown of marriage should result in the dissolution of marriage under Article 142 of the Constitution of India when it is not a ground for divorce under the Hindu Marriage Act, 1955 – Court's discretion to grant divorce under Article 142 discussed and outlined. [Para 15-20]
Cr...
Service Law – Higher Pay Scale – Financial Constraints – Appellants contested High Court order granting revised pay scales to employees w.e.f. 1.1.1986 – Supreme Court upheld that financial constraints justified the Federation's decision to grant revised pay scales only from 1.1.1994 – Differentiation between employees of public sector undertakings and Central/Sta...
Widow of deceased soldier - Allotment of land - Symbolic possession - Revenue rasta (road) not assigned - Petitioner approached the court through a writ petition - Deceased soldier's gallantry - Widow allotted 10 acres of land - Symbolic possession of 8 acres delivered - Remaining 2 acres under forest cover - Petitioner not assigned revenue rasta – Held - respectful treatment for the sur...
Evacuee Property – Regularization of Possession – Displaced Persons – The appellant, an encroacher on evacuee land, sought regularization under policies dated 20.06.1978 and 08.01.1980 – Supreme Court held that evacuee land must be allotted to displaced persons as per Sections 14 and 20 of the Act – Allotment to encroachers is permissible only if no displaced persons ...
Civil Appeals - Interpretation of Contract Terms - Date of Conversion of Currency - Appellants and Respondents in dispute over the date for converting awarded sum from USD to Indian Rupees as per the agreement dated 29th June 1982 - Judgment of the High Court referred the question to the Supreme Court under Article 134A of the Constitution - Examination of the agreement, award, and previous judgme...
Securities and Exchange Board of India (Mutual Funds) Regulations 1996 – Mutual Fund Winding Up – Trustee’s Authority – Trustees must obtain consent of the majority of unitholders before winding up a scheme under Regulation 18(15)(c) – Regulation 39(2)(a) does not exempt trustees from seeking such consent – Consent should be post-publication of notice under Regu...
Civil Appeal - Partition Suit - Interpretation of Will dated 18.11.1999 - Dispute regarding succession to a property owned by Late Sheila Kapila - Issue revolves around the interpretation of clauses (i), (ii), and (iii) of the said Will - Division Bench of High Court affirmed the Judgment declaring the parties' shares based on the interpretation of the Will - Civil Appeal filed challenging the...