Maintainability of Suit – Religious Office Dispute – Section 9 of CPC – Suit Not Barred – Claim to Office of Uttaradhikari – Held: A suit to establish a right to a religious office is of a civil nature and is not barred by Section 9 of CPC, even if it involves incidental questions of religious rites and customs. Such disputes are within the jurisdiction of civil court...
Service Law - Statutory Rule Amendment – Retrospective Application – Prejudice to Vested Rights – The petitioners challenged the application of the OPS Amendment Order, 2021, which introduced additional disqualification criteria for redeployment, to vacancies arising in 2021. The Court held that the amendment could not retroactively impact the accrued rights of the petitioners, w...
Customs Act – Show Cause Notice – Limitation under Section 28(9) – The appellant argued that the adjudication proceedings initiated under Show Cause Notice dated 28/09/2022 were barred by limitation as per Section 28(9) of the Customs Act, 1962. The proceedings had to be concluded by 27/09/2023, and the extension granted on 07/05/2024 was belated and invalid. – Held: The li...
Writ – PIL - Real Estate Regulations – Fraudulent Registrations – Regulatory Action Required – Petitioner sought intervention against real estate projects registered on forged commencement certificates – Court directed rigorous implementation of verification mechanisms, including integration of MahaRERA with local authorities’ digital platforms, to prevent misus...
NEET UG Counseling – Merit-based Allotment – Petitioners higher in merit than respondents were excluded from the Stray Vacancy Round due to non-submission of Class XI mark-sheets indicating Biology as a subject – Petitioners submitted the requisite certificates promptly after public holidays but were not considered – Court held that procedural technicalities cannot override...
Civil Law - Intellectual Property – Infringement of Copyright and Trademarks – Unauthorized Use – Injunction Granted - The plaintiff alleged unauthorized streaming of its registered audio content, artistic works, and trademarks including "Sunday Suspense" and "Radio Mirchi" by defendants – Unauthorized activities included online broadcasts, mobile applic...
Matrimonial Law – Cruelty and Desertion – Absence of Evidence – Divorce Denied - Appellant-husband’s suit for divorce was dismissed due to lack of cogent evidence on cruelty – Allegations of cruelty, including attempted suicide, office complaints, and abusive behavior, were unsupported by medical or third-party evidence – Evidence from P.W.2 (plaintiff’s m...
Civil Law - Specific Performance – Time as Essence – Enforceability of Agreement – Buyers’ Conduct – Agreement Unenforceable - The agreement for sale specified that time was of the essence, yet allowed extensions implicitly through conduct – Buyers argued four-month performance period began only upon tenant vacating the property, which was contested – Cour...
Civil Law - U.P. Consolidation of Holdings Act – Claim of Co-Tenancy – Disputed Land – Appellant challenged the High Court’s decision restoring the order of the Consolidation Officer, which dismissed the claim of Smt. Gulabi to co-tenancy over the disputed land – High Court found the Appellate and Revisional Authorities acted perversely, reversing findings supported b...
Civil Law - Res Judicata – Applicability in Appellate Court – The appellants contended that the appellate court’s decree, allowing the plaintiffs’ cross-objection for Plots Nos. 544 and 545, violated res judicata since the prior ruling in RFA No.16/2004 dismissed claims over these plots without further challenge – Held: The issue had been conclusively determined, thus...