Insolvency Law – Suspension of Resolution Professional – Failure in Duties – The petitioner, a Resolution Professional (RP) in the Corporate Insolvency Resolution Process (CIRP) of M/s. Transparent Energy System Pvt. Ltd., was suspended by the Disciplinary Committee of the IBBI for one year for failing to exercise due diligence in verifying the Resolution Plan and non-intimation ...
Civil Law – Second Appeal – Permanent Injunction – The appellant sought a permanent injunction to restrain the respondent from interfering with possession of the disputed property – The trial court dismissed the suit, and the first appellate court confirmed the dismissal – Held: Both the trial court and the first appellate court did not err in dismissing the suit as t...
Environmental Law – Right to a Clean and Healthy Environment – Article 21 – The Court expressed concern over the proposed deforestation of 1.19 lakh trees in Baran District, which could severely affect the local ecology and climate by increasing carbon emissions and threatening biodiversity – The Right to a Healthy Environment is part of the Right to Life under Article 21 o...
Family Law – Appealability of Interim Custody and Visitation Orders – Section 19(1) of the Family Courts Act – The appellant challenged an order passed by the Family Court granting the respondent temporary custody and visitation rights over the minor child, arguing that the order was not interlocutory and therefore appealable under Section 19(1) of the Family Courts Act – H...
Landlord-Tenant Dispute – Execution Proceedings – Joint Tenancy Rights – The appellant raised objections under Order 21 Rule 97 CPC against his dispossession in execution proceedings arising out of a decree passed against his brother, claiming independent rights based on a separate decree – Held: The appellant, being a joint tenant along with his brother, Prem Chandra, cann...
Termination of Mid-Day Meal Implementing Agency – Violation of Principles of Natural Justice – The petitioner challenged the termination order dated 09.09.2024 issued by the 7th respondent, terminating the petitioner as the Mid-Day-Meal Implementing Agency without assigning any reasons or giving an opportunity of hearing – Court held: The termination was in violation of the princ...
Criminal Revision – Section 138 of the Negotiable Instrument Act – Revisionist's Challenge to Session Judge's Order The revisionist challenged an order by the Session Judge, Meerut, which set aside an earlier order by the Additional Special Court. The case revolves around a complaint filed under Section 138 of the Negotiable Instrument Act. [Para 2-3]
Legal A...
Negligence – Electrocution Injury – Damages – Minor plaintiff electrocuted due to contact with live wire while checking water tank at neighbor's request – Plaintiff sustained burns, lost three toes – Trial court awarded Rs. 35,000 in damages – High Court affirmed the award, rejecting appellant’s contentions of procedural non-compliance and alternate in...
Administrative Law – Correction in Educational Records – CBSE By-Laws – Petitioner requested corrections to reflect her biological mother’s name in her Class 10th certificate, which currently shows the name of her stepmother due to her father’s remarriage – Held: The correction was permitted, considering the petitioner’s fundamental right to be recognized ...
Adverse Possession – Requirement of Continuous, Open, and Hostile Possession – Claim Rejected – The appellants' plea of adverse possession failed due to lack of proof of continuous, open, and hostile possession for the required period. The evidence showed that their possession was permissive, as they were cultivating the land as lessees (Adhiyadar). The Court held that withou...