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...
Civil Law – Conditional Leave to Defend – Non-Compliance with Court Condition – Appeal Dismissed – Respondent filed a suit for recovery of Rs. 9,18,876/- for construction of a drug store at Chief Animal Husbandry Office, Shopian – Appellants, as defendants, were granted conditional leave by the Trial Court to defend the suit, on the condition that they deposit 10% of ...
Green Card System – Unauthorized Issuance – Prima Facie Case – Articles of Association – The issuance of Green Cards to overage dependents violated Articles 13(3a) and 13(3b) of the Delhi Gymkhana Club’s AoA – The Green Card system was an informal practice introduced without legal sanction, lacking recognition in the AoA – Held: The Green Cards issued in 2...
Contract Law – Breach of Compromise Agreement – Liquidated Damages Awarded – The plaintiff claimed recovery of ₹3.5 crore, asserting that the defendant breached an agreement by filing a criminal complaint despite receiving ₹3 crore as part of the settlement – Held: The defendant breached the contract by filing a police complaint, violating Clause 4 of the compromise agr...
Landlord-Tenant Dispute – Oral Lease Agreement – Enhancement of Rent – The appellants, representing a corporation, appealed against the trial court’s decision to award enhanced rent and repair costs to the respondent-plaintiff, who had leased six godowns to the appellants. The respondents claimed that the appellants had agreed to an oral contract for rent enhancement and re...
Medical Negligence – Enhancement of Compensation – National Commission's Order Upheld – The LRs of the deceased patient sought enhanced compensation for medical negligence after the patient died following a nasal polypectomy procedure. The National Commission had awarded ₹3,00,000/- against the treating doctors, along with ₹50,000/- each from two doctors for giving contra...