Validity of Will and Partition of Property – Civil Appeal against trial court decree in partition suit – Appeal Suit No. 2993 of 2004 – Appellants (defendants in the trial court) contested the trial court's decision granting partition of properties claiming validity of a will favoring them – Will purportedly made by S.R. Thillai Kaliyappan, distributing properties prima...
Maintenance and Marriage Expenses – Civil Appeal – Maintenance and marriage expenses claim by the daughter from the estate of Palavali Viswanath – High Court upholds trial court’s award of past and future maintenance, as well as marriage expenses, recognizing the 2nd plaintiff as the legitimate daughter of the deceased based on DNA evidence – Past maintenance of Rs. 2...
Background of Property Dispute – Respondent filed O.S.No.55 of 2018 for a permanent injunction to restrain petitioner from interfering with her possession of agricultural land, setting specific boundaries in the plaint, which were later sought to be amended due to claimed typographical errors - Petitioner opposed, asserting boundaries were fabricated and could not be amended post trial comme...
Service Law - Service Termination and Natural Justice – Civil Appeal – Termination of Services as Registrar at GB Pant Institute of Engineering and Technology – Challenge against High Court decision dismissing writ petition and review application regarding termination of services – Supreme Court finds termination unjustified and in violation of natural justice, orders reins...
Procedural Appropriateness of Issuing Certified Copies Post-Disposition – Writ Appeal against order in Interim Application – 7th respondent/appellant challenges the High Court’s decision allowing the issuance of certified copies from a disposed writ petition (W.P.(Crl) No. 445/2022) under IA No.3/2024 – High Court holds that such issuance does not constitute a revival of di...
Service Law - Seniority Dispute in Railway Protection Force –Consolidated Writ Petitions – Involves reevaluation of seniority lists affecting several petitioners with similar legal issues and facts. Seniority perturbed by the issuance of provisional combined seniority list and an earlier order, both of which are challenged. Held that redrawing seniority based on these actions is inappr...
Service Law – Withholding of Pension – Petitioner challenged orders dated August 19, 2019, and January 17, 2020, which imposed a penalty of withholding 10% monthly pension for a year and dismissed the appeal against the penalty respectively – High Court held that the penalty was justified due to petitioner's supervisory lapses and failure to report illegal sale of surplus cem...
Adverse Possession - Proof and Pleading - Requirement for Clear and Specific Pleading - Regular Second Appeal against the judgment of the First Appellate Court, which reversed the trial court’s decree favoring the plaintiff - First Appellate Court held defendants had perfected their title by adverse possession - High Court held that the defendants' pleadings and evidence were insufficien...
Right to Lead Evidence in Rebuttal – Article 227 Challenge Against Order – Permission to Lead Evidence in Rebuttal Denied by Trial Court – High Court Sets Aside Order – Right to Rebuttal Implicitly Reserved by Petitioner – Held, Right to Rebuttal Permissible Under Order XVIII Rule 3 CPC When Onus is on Respondents, High Court Allows Petitioner to Lead Rebuttal Evidenc...
Specific Relief Act, 1963 – Section 20 – Specific performance of contract – Discretion of court – Court held that a contract entered into by a guardian on behalf of a minor is only enforceable if it is within the guardian's competence and for the benefit of the minor. The First Appellate Court correctly refused specific performance as the contract did not benefit the mi...