Family Law - Divorce - Appeal against Family Court’s judgment dismissing divorce petition based on alleged cruelty by the wife - Family Court found no sufficient evidence of cruelty or dowry harassment by respondent; however, High Court reverses decision, citing mental cruelty due to false criminal accusations and prolonged legal battle - Held, marriage irretrievably broken, decree of divorc...
Arbitration – Dispute over Final Settlement – Appeals against orders of High Court appointing arbitrator – Appellant insurance company argued the claim was fully settled – Respondent claimed settlement was under coercion and sought further arbitration – Supreme Court examined whether execution of discharge voucher precludes arbitration [Paras 1-84].
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Recognition of Bar Associations – Administrative Discretion – The petitioner challenged the Bar Council of Madhya Pradesh's refusal to recognize a separate Bar Association – The court noted the resolutions of the State Bar Council allowing only one recognized Bar Association at any given place where the High Court is located – Emphasized the intent to avoid multiplicity...
Property Dispute & Identification – Appellants and 1st respondent contest over 1 acre and 19 cents of land, part of larger land acquisition for Kannur Airport – Respondents claim land based on purchases from 1986 onward, while appellants claim based on a 1947 partition decree and subsequent sales – Neither party able to conclusively prove title over disputed land leading to d...
Corporate Law – Transfer of Winding-Up Proceedings – Application for transfer of winding-up petition to NCLT under Section 434(1)© of the Companies Act, 2013 – Official Liquidator had taken possession of the company’s registered office but had not invited any claims from creditors or workers – Supreme Court precedents (A. Navinchandra Steels, Kaledonia Jute...
Civil Law – Building Regulation Compliance – Dispute over building plan compliance involving residential property construction – High Court upheld a show cause notice based on alleged violations of Rule 50 of the West Bengal Municipal (Building) Rules, 2007 – Supreme Court questions the writ jurisdiction’s exercise over what appears as a private dispute between neighb...
Procedural Law – Condonation of Delay – Supreme Court dismisses application for condonation of delay of 1,633 days in filing SLP against High Court order dated 13.11.2009 – State of U.P. had knowledge of impugned order and was present during High Court proceedings – Inadequate follow-up and mismanagement cited as reasons for delay – Court finds no sufficient...
Procedural History – Initial decree in favor of appellants required deposit of ₹ 9,214 minus 1/5th already deposited; appellants deposited ₹ 7,600 due to a clerical error, resulting in a shortfall of ₹ 14 – High Court’s earlier revision allowing deposit rectification was reviewed and recalled, leading to dismissal of the case – Current appeal challenges this dismissal...
Civil Law – Specific Performance – Appeal from High Court judgment reversing concurrent findings of lower courts dismissing specific performance suit, but granting refund of earnest money with interest – Supreme Court reinstates trial court and first appellate court’s decree for specific performance, setting aside High Court judgment – Held, transactions post-temporar...
Public Interest Litigation (PIL) – Allotment of Premises in High Court Campus – Challenge to Allotment Procedure – High Court's Decision on Lack of Transparency and Legal Entity Recognition – Examination of Procedural Compliance and Discretionary Power
Public Interest Litigation – Maintainability – Writ Petition filed by Advocate challenging all...