Divorce – Cruelty – False Complaints Against Spouse – Established as Mental Cruelty – The appellant-husband alleged cruelty due to false criminal cases filed by the wife, which resulted in his acquittal. The court held that malicious litigation causing mental and emotional distress constitutes cruelty under Section 13(1)(i-a) of the Hindu Marriage Act. – Held: Filing ...
Criminal Procedure – Quashing of FIR – Petition for quashing FIR on grounds of false implication and counterblast to another FIR lodged by the petitioners – Petitioners claimed they were falsely implicated to counter FIR No. 60 lodged by them – Held, allegations in FIR prima facie constituted offenses under IPC – High Court emphasized that the exercise of jurisdiction...
Chamber Allotment – Transparency and Fairness – Lack of Public Notification – Allotment Sustained - Appellant sought re-allotment of Chamber No. 103 on medical grounds, alleging that the allotment process lacked transparency – Court observed that while the chamber’s vacancy was not publicly notified, the allotment was based on seniority, and the appellant’s clai...
Contract Law – Pledge of Shares – Dispute Over Invocation Notice – Status Quo Ordered – Appeal Disposed Of – The appellant challenged the Trial Court’s interim order directing maintenance of status quo on the pledged shares, claiming contractual rights for invocation – Held: The Trial Court’s order was not on the merits of the applications but to pre...
Contractual Service – Annual Increment Entitlement – Appeal Allowed – The appellant and connected petitioners challenged the denial of annual increments for their contractual service despite its recognition for pension purposes under prior judicial decisions – Held: Contractual service shall also be counted for granting annual increments, in alignment with the principles in...
Taxation Law - Customs Law – Confiscation of Imported Goods – Re-export Permitted – Appeals Dismissed - The appellant challenged the CESTAT's order permitting re-export of substandard Areca Nuts and reducing penalties – Court upheld CESTAT’s decision, noting that the goods were not fit for human consumption as per Indian standards but could serve industrial purpos...
Service Law - Judicial Conduct – Grant of Bail – Alleged Misconduct – Punishment Quashed - The petitioner, a judicial officer, faced disciplinary proceedings for granting bail in a second petition without awaiting the outcome of a transfer petition pending in the High Court – Inquiry found no evidence of corrupt motive or extraneous considerations – Court observed: Th...
Contract Employment – Regularization of Services – Special Magistrate Courts established to reduce case pendency – Employees recruited on contract basis through a selection process – Government refusal to regularize services due to absence of specific enabling provisions – Comparability with Fast Track Courts whose contract staff were regularized based on Supreme Cour...
Specific Performance – Sale During Pendency of Suit – Violation of Injunction Order – Appeal Dismissed – The appellant, a purchaser pendente lite, challenged the Trial Court’s decree directing the execution of the sale deed in favor of the respondents/plaintiffs, despite an injunction order restraining the sale – The Court held that the sale executed by the appe...
Insurance Ombudsman – Powers and Jurisdiction – The appellant challenged the judgment of the learned Single Judge, arguing that the Insurance Ombudsman has the authority to direct the insurer to issue a policy at a pre-revised premium rate – High Court analyzed the provisions of Rules 13 and 17 of the Insurance Ombudsman Rules, 2017 – Rule 13 allows the Ombudsman to receive...