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...
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...
Motor Vehicles Act – Section 166 – Compensation Claim – Involvement of vehicle in accident – Whether the car involved in the accident was correctly identified and whether the insurance company is liable – Held, the Tribunal correctly held that the accident was caused due to the rash and negligent driving of the Swift car by the respondent. Evidence from the claimants ...
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...
Specific Performance – Bona Fide Purchaser – Doctrine of Lis Pendens – Section 52 of the Transfer of Property Act – The appellant claimed to be a bona fide purchaser without notice of an earlier agreement between the plaintiff and defendant no. 1. However, the sale deed in favor of the appellant was executed during the pendency of the suit, thus attracting the doctrine of l...
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...
Civil Law – Partition Deed – Boundaries vs. Extent – The dispute arose over the division of land in Survey No. 663, with the plaintiff claiming title to an additional 10 cents based on boundaries in the Partition Deed – The defendants contended that the plaintiff was entitled only to 1.26 acres, as per the extent mentioned in the deed – Held: Boundaries prevail over e...
Permanent Lok Adalat – Scope of Jurisdiction – Complex Legal and Factual Issues – Petition Dismissed – The petitioners sought quashing of orders passed by the Permanent Lok Adalat (Public Utility Services) in a dispute concerning a housing loan and the rejection of an insurance claim after the co-applicant’s death – The Court held that the Permanent Lok Adalat h...
Advocate Appearance – Recording of Advocate’s Name in Order Sheets – Petition by a practicing advocate aggrieved by the omission of his name from orders in the Patiala House Court – Petitioner contended that despite several attempts, his appearances were not being recorded – Court observed that recording advocate names is crucial for professional acknowledgment and el...