Procedural Irregularities – Application to sue as an indigent person rejected due to non-compliance with Order XXXIII, Rules 2 and 3 of the CPC at the initial stage of litigation – Subsequent application (I.A.No.1315 of 2017) filed two years after the original suit was claimed to address deficiencies, but failed due to lack of initial compliance – Trial court found significant pr...
Suit for Declaration and Injunction – Plaintiff seeks declaration that share transfer to defendant under a Letter Agreement dated 03.12.2018 is void due to non-payment and to restrain defendant from rights over said shares – Agreement was for 1611 equity shares at ₹5,500 per share, wrongfully recorded as ₹31,516 per share in the agreement – Defendant recorded as owner in comp...
Family Law – Divorce – Grounds of Cruelty and Desertion – Cruelty – Allegation of False Dowry Complaint: The husband (Appellant) claimed that the wife (Respondent) lodged a false dowry complaint against him, constituting cruelty. However, the court noted that no evidence, such as a copy of the complaint, was provided to substantiate this allegation. Moreover, the wife&rsquo...
Parental Custody and Passport Impoundment Dispute – Mother, Dr. Agnidipa Das, filed WPA No. 7360 of 2024 against the impoundment of her daughter’s passport, which was accused of being obtained by suppression of material information – Father, Ranajoy Dutta, filed WPA No. 8033 of 2024 seeking documents from the Passport Authority and penal measures against the mother under the Pass...
Land Acquisition – Discrimination in land release – Petition against the High Powered Committee’s order and acquisition notifications – High Court dismisses petition finding no merit and no discrimination in the treatment of the petitioner compared to other similarly situated entities – Noted that development activities in the periphery of Chandigarh are restricted to...
Tender Process and Disqualification - Akash Construction appeals against orders qualifying S.B. Construction and Stone Concern Infrastructure as tenderers for road work - Electronic Notice Inviting Tender No. 12/2023-2024 for road widening and strengthening was contested due to technical disqualifications which were later overturned - Authorities initially disqualified the respondents at the techn...
Consumer Law - Insurance Settlement Dispute – Appellant New India Assurance Company Ltd. challenges the order of the NCDRC which partly allowed the respondent's claim post a fire accident - Issue pertains to the method of calculating depreciation, whether it should be at 32% as initially applied by the surveyors or at 60% as later revised by the appellant - NCDRC ruling questioned due to...
Civil Procedure – Legal Representation – Dispute regarding succession to the "Gaddi" of Swami Shivdharmanand following his death – Conflict between Swami Triyoganand and Swami Satyanand on who is the rightful legal representative (LR) – High Court directed Trial Court to determine rightful LR under Order 22 Rule 5, which identified Swami Satyanand as the LR &ndash...
Domestic Violence and Maintenance – The High Court, reviewing lower court decisions that denied maintenance to a qualified but unemployed wife under the Protection of Women from Domestic Violence Act, 2005, held that educational qualification alone does not disqualify a spouse from claiming maintenance if they lack independent income - The court emphasized that the wife’s capability to...
Compulsory Retirement Controversy – Petitioner challenges his compulsory retirement under FR 56(j) based on his entire service record being reviewed, claiming it was without procedural compliance and an assessment of an ‘outstanding’ service record – Dispute centers on whether adverse records can be disregarded and if the timing of the review was legally appropriate –...