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'...
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 –...
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...
Central Excise – Refund Claims – Appellant sought refund of Central Excise Duty for supplies made under International Competitive Bidding (ICB) deemed exports scheme – Refund claims initially filed with DGFT, then redirected to Central Excise Authorities following Notification dated 18.04.2013 – Claims partly rejected by lower authorities as time-barred under Section 11B &n...
Tender Process – Cancellation of Tender – Petition Dismissed – The petitioner, whose financial bid was the highest, challenged the cancellation of a tender for the redevelopment of MAF – The Court held that the cancellation was within the scope of the tender terms, as the respondents had the authority to annul the bidding process without assigning any reason as per Clause 8...
Advance Ruling – Eligibility of Recipient – Petition challenging AAR order rejecting application for advance ruling on transportation exemption – AAR held that petitioner, as recipient and not supplier, could not seek advance ruling – Court found this interpretation erroneous – Sections 95, 97 allow registered persons, including those liable on reverse charge basis, t...