Interim Maintenance – Enhancement – Appeal against Family Court’s order – Both parties filed appeals, one for setting aside and the other for enhancement of interim maintenance – Family Court granted enhanced maintenance considering husband’s income and wife’s dependency – Appeal by husband dismissed, appeal by wife partially allowed, enhancing maint...
Labour Law – Regularization of Service – Petitioners, employed as binders and printers on a piece-rate basis, sought regularization after working for over 22 years – Government rejected their claim citing lack of direct employment records – Petitioners contended employment was continuous despite being through contractors to circumvent direct employment evidence [Paras 1-7]....
Property Tax – Limitation for Recovery – Assessment of Escaped Tax – Writ petitions filed by ATC Telecom Infrastructure Pvt. Ltd. Against the demand notices issued by various municipalities for the recovery of property tax on telecom towers – Petitioner contended that demands were made beyond the limitation period specified in the Kerala Municipality Act – High Court ...
Custody of Minors – Habeas Corpus Petition – Petitioner, the biological mother, seeks custody of her minor children from the step-brother and step sister-in-law – Supreme Court precedents emphasize welfare of the child as paramount – Mother’s right to custody upheld unless disqualified by clear exceptions [Paras 1-17].
Writ of Habeas Corpus – Maintainability ...
Reservation Law – Recruitment Process – Petitioners, all ex-servicemen, challenged the advertisement for recruitment of Banking Associates which excluded them from the reservation benefits – Contended that as per the Jammu & Kashmir Reservation Act, 2004 and the Rules framed thereunder, they are entitled to 6% horizontal reservation – Bank argued that its recruitment ru...
Legitimacy under Hindu Marriage Act – Section 16 – Plaintiff’s right to claim a share in ancestral property – Plaintiff’s legitimacy questioned due to parents’ marriage being void – Trial Court’s judgement granting 1/5th share to plaintiff challenged – Held: Legitimacy conferred under Section 16(1) of HMA – Plaintiff entitled to parents&r...
PIL - Town Planning – Change of Land Use – Petition challenged the conversion of land designated for sports complex to residential and commercial use by CIDCO – Contention that such conversion violates MRTP Act and prior Government Resolutions – High Court found CIDCO's actions contrary to statutory provisions and lacking necessary government approval – CIDCO'...
Adoption Law – Legal Heirship – Challenge to cancellation of relationship certificate – Revenue Divisional Officer set aside the certificate issued by Tahsildar and ordered fresh enquiry – Petitioner contends severance of ties with biological family upon adoption under Section 12 of Hindu Adoptions and Maintenance Act, 1956 – Adoption legally severs ties with biologic...
Debt Recovery – Principles of Natural Justice – Petitioners challenge the order of the Recovery Officer executing a recovery certificate for Rs. 12,66,31,700/- issued by DRT, Jabalpur – Petitioners argue lack of opportunity to file objections on first appearance, violating principles of natural justice – Court examines jurisdiction and procedural compliance of the...
Income Tax – Final Assessment Order – Draft Assessment Order Requirement – Petitioner contended that the final assessment order passed by the Assessing Officer (AO) was invalid as it was not preceded by a draft assessment order, violating Section 144C of the Income Tax Act, 1961 – Court held that the failure to issue a draft assessment order during remand proceedings as man...