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...
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 ...
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'...
Lease Agreement – Leasehold Rights – Petitioners, owners of the land, leased their property to the respondent for 25 years – Lease included clause allowing mortgage of leasehold rights – Respondent mortgaged the leasehold rights to the State Financial Corporation – Lease expired in 2008, but possession was taken over by the Corporation in 2013 – Court held that ...
Land Acquisition – Validity of Mutation Entries – Petitioner challenged mutation entries favoring industrial company – Lands acquired in 1938 for industrial use – Claims by legal heirs of original owners for regrant and revenue entries dismissed in prior litigation – Court upheld Deputy Commissioner’s order rejecting petitioner’s claims – Tahsildar l...
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...
CPC – Application for amendment of the reply to the eviction petition filed ten years after the original reply was dismissed by the Rent Controller – Held that the petitioner failed to demonstrate due diligence or any new discovery of facts that justified the amendment at such a late stage – The objections sought to be added were already covered in the original reply, making the ...
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 ...
Civil Law - Horizontal Reservation – Right of Persons with Benchmark Disabilities (PWBDs) – The petitioner, with a locomotor disability of 60%, sought quashing of the Rajasthan Judicial Service Examinations, 2024 results for not applying separate cut-offs for PWBDs – The petitioner argued that the denial of such benefit violated Articles 14, 16, and 21 of the Constitution –...