Jurisdiction of Lokayukta – Scope under Section 8(1) of the Maharashtra Lokayukta and Upa-Lokayuktas Act – The Lokayukta's power to investigate pertains to administrative actions involving public servants. However, in this case, the dispute regarding the sugarcane supply payments between the petitioners and respondent No.1, rooted in an inheritance issue, was already pending in civ...
Review Application – Scope of Review – Order 47 Rule 1 CPC – The applicants sought a review of the court's judgment dismissing their plea for enhanced compensation for acquired land in light of the Full Bench decision in Gajraj Singh vs. State of U.P. Held: Review is limited to the discovery of new evidence, error apparent on the face of the record, or analogous grounds. The ...
Family Law – Guardianship – Jurisdiction of Family Court – The appellant, Amit Dhansing Jagtap & Ors., challenged the jurisdiction of the Family Court, Navsari, which rejected their application under Exh.14 – The custody of minor Varad was disputed between the father and maternal grandparents after the death of the mother – Appellants claimed that Varad resided in...
Auction Sale – Setting Aside of Auction – Equitable Relief Granted – The auction sale in favor of the appellant was set aside on equitable grounds after the borrowers repaid the amount due to the bank. The High Court’s decision was not based on any illegality of the auction but on the equitable consideration that the debt had been repaid shortly after filing of the writ pet...
Regulatory Law – Maintainability of Appeal – Statutory Authority – Airports Economic Regulatory Authority of India (AERA) filed appeals under Section 31 of the AERA Act against the decisions of the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) – Respondents objected to the maintainability of the appeals, arguing that AERA, being a quasi-judicial body, cannot ch...
Constitutional Law – Habeas Corpus Petition – Voluntary Stay in Ashram – The petitioner, Isha Foundation, challenged the High Court's order directing an inquiry into the detention allegations concerning two individuals staying at the Foundation's ashram – The individuals in question, Geeta Kamaraj and Lata Kamaraj, affirmed during proceedings that they were residing...
Chamber Allotment – Transparency and Notification – Vacancy in Chamber No. 103 – Petitioner challenged the re-allotment of Chamber No. 103 on the grounds that the vacancy was not transparently notified to the general body of lawyers, depriving her of an opportunity to apply for the chamber – Held: The Court observed that the allotment process lacked transparency as the vaca...
Divorce by Mutual Consent – Appearance through Video-Conferencing – Section 13-B of the Hindu Marriage Act – Physical Appearance Not Mandatory – Petitioners sought divorce by mutual consent while residing abroad. The Family Court refused to number the petitions citing procedural issues, including the insistence on physical appearance at the Indian Consulate for video-confer...
Child Marriage – Constitutional Guarantees – Writ Petition filed under Article 32 – Petitioners approached the Supreme Court seeking stronger enforcement of the Prohibition of Child Marriage Act, 2006 (PCMA) – Court noted that child marriage violates fundamental rights to life, liberty, health, education, and autonomy – Directed the Union Government and States to impl...
Civil Procedure – Recall of Witness – Change of Counsel – Ineffectiveness of Previous Cross-examination – Petitioners sought to recall the respondent-landlord for further cross-examination after changing their counsel, arguing that the previous counsel had not effectively cross-examined the witness – Rent Controller dismissed the application, holding that inefficiency...