Public Interest Litigation (PIL) – Frivolous Petition – Multiple and Omnibus Prayers – Legal Basis Lacking – Abuse of Judicial Process – Exemplary Costs – The Bombay High Court dismissed a PIL filed by Crimeophobia, a criminology firm, through its founder, Snehil Dhall, for making multiple omnibus prayers without any legal or factual basis, constituting an abuse...
Family Law – Summoning of Witness – Application under Order XVI Rule 1(3) of CPC – Quashing of Family Court Order – Lack of Reasoning in Dismissal – Petitioner filed an application to summon a mediator as a witness in ongoing matrimonial dispute proceedings, asserting the relevance based on prior references to the individual’s mediation role in testimony –...
Civil Law - Eviction Proceedings – Scope of Writ Jurisdiction – Article 226 and 227 of the Constitution – Writ Petition Not Maintainable – The High Court’s interference with the Inquiry Officer's jurisdiction in eviction proceedings under Section 105B of the Mumbai Municipal Corporation Act, 1888, was challenged – Held: Judicial orders of civil courts cannot...
Municipal Law – Inclusion of Gram Sabha Areas – Statutory Guidelines Violated – Petitioners challenged notification dated 25/04/2023, extending the municipal limits of Kalanwali to include Gram Sabha areas, without adhering to criteria under Annexure P-12 and Section 4(2) of the Haryana Municipal Act, 1973 – Held: The impugned notification violated statutory provisions mand...
Scholarship Scheme – Application of Amendments – Petitioner’s claim for scholarship rejected based on amendments made after his application – High Court held that the petitioner’s entitlement should be determined by the Scheme in force at the time of application – Subsequent amendments not applicable – Respondents directed to reassess the scholarship claim...
Mining Lease – Cancellation and Forfeiture – The court upheld the cancellation of the “In Principal Sanction Order” for the mining lease and the forfeiture of the deposited amounts due to non-compliance with the terms of the tender and delays in obtaining necessary clearances. The petitioner’s failure to execute the lease deed within the stipulated time and the ongoin...
Patent Law – Inventive Step and Non-Patentability – Appeal against the rejection of patent application No.5360/CHENP/2010 for an orally, rapidly disintegrating tablet – Grounds of rejection included lack of inventive step under Section 2(1)(ja) and non-patentability under Section 3€ of the Patents Act, 1970 – High Court finds that prior arts D1, D3, and D5 do not teach...
Child Custody – Welfare of the Minor – Visitation Rights Modified – Daily visitation ordered by the Family Court was deemed excessive, disrupting the child's routine – Held: Visitation schedule modified to twice weekly (Tuesdays and Sundays), ensuring the child's welfare while preserving the father-daughter bond [Paras 41-56].
Parental Alienation &ndash...
Consumer Law – Final Relief Granted by Interim Order – Jurisdictional Error – Interim Order Invalidated – The State Consumer Commission erred by granting final relief to the respondent on an interlocutory application, directing the Indore Development Authority to accept the outstanding amount with interest and hand over possession of the plot – Held: Granting final re...
Title and Possession – Suit for Partition – Inheritance under Modified Mitakshara Law – Appeal from High Court decision granting partition – Supreme Court reverses decision, upholding First Appellate Court’s findings. Clarifies legal heirs’ entitlement and lease agreements related to property. Affirms that Chiruthey lost her rights in her first husband’s p...