Constitutional Law – Right to Legal Aid – Fundamental Right under Article 21 – Writ Petition under Article 32 filed seeking humane treatment for prisoners, decongestion of jails, and access to legal aid – NALSA's efforts in ensuring legal aid for prisoners emphasized – Court acknowledges the importance of legal aid in ensuring equal justice as per Article 39-A of ...
Rent Enhancement – Fair Rent Assessment – Petitioners challenged the Tribunal’s order directing payment of enhanced fair rent and current rent – Contention that the Tribunal granted final relief on an interlocutory application and erroneously applied precedents without factual alignment – Order set aside and directions issued for proper assessment by the Tribunal [Par...
Jurisdiction – Execution of Decrees – The executing court in Bhubaneswar rightly upheld the execution of the decree transferred from the Nagpur Court – Section 39 of CPC empowers the court to transfer decrees for execution – No irregularity found in the transfer process – The application under Section 47 CPC questioning the decree’s enforceability dismissed as n...
Negligence in Educational Institutes – Medical Facilities – Petition filed alleging negligence resulting in the death of a student due to inadequate medical facilities at Thakur Polytechnic College – Court acknowledges individual tragedy but emphasizes the broader issue of medical infrastructure in educational institutes – Directions issued to State authorities to ensure me...
Intra-Court Appeals – Maintainability – Orders Passed by the Board of Revenue – Appeals were filed against the common and individual orders passed by the Board of Revenue in its appellate and revisional capacities, challenged through writ petitions under Articles 226 and 227 of the Constitution – The core issue was whether intra-court appeals against judgments of Single Jud...
Divorce Petition – Rejection under Order VII Rule 11 CPC – Appellant’s application to reject the divorce petition based on desertion and adultery dismissed by Family Court – High Court upheld Family Court’s decision, emphasizing that a petition cannot be rejected in part and needs to be considered as a whole – Adultery allegations and non-joinder of alleged adul...
Revenue Records – Correction of Entries – Appellants contested the correction of entries in revenue records by the Revenue Divisional Officer without an underlying order – Court examined procedural requirements under A.P Records of Rights in Land and Pattadar Pass Books Act, 1971 – Held, an appeal under Section 5(4) of the Act must be against a specific order of the Tahsild...
Gift Deed – Validity and Acceptance – Section 126 of the Transfer of Property Act, 1882 – Gift Deed Upheld – The appellant challenged the validity of a registered gift deed dated 05.03.1983 executed in favor of the respondent – The appellant revoked the gift on 17.08.1987, claiming non-acceptance – Held: The gift deed was validly executed and accepted as it was ...
Service Law – Disciplinary Proceedings – Dismissal from Service – Challenge to Orders – Petitioners challenged their dismissal from service and subsequent rejection of appeals and revision petitions – Allegations included involvement in theft, neglect of duty, and misconduct – Inquiry officer exonerated petitioners of most charges except for neglect of duty &nda...
Witness Competency – Spousal Testimony – Trial court erred in denying plaintiff's husband the right to testify on her behalf – High Court emphasized that under Section 120 of the Indian Evidence Act, spouses are competent witnesses for each other – Husband permitted to give evidence in place of his wife without needing a power of attorney [Paras 1-8].
Order...