Criminal Law – Caste-Based Discrimination in Prisons – Caste-Based Allocation of Prison Labour – Violation of Constitutional Rights – The petitioner, Sukanya Shantha, sought to challenge caste-based discrimination in prison manuals and their provisions, which prescribed labour and prison duties based on caste identity – Supreme Court held that several provisions of pr...
Civil Procedure – Amendment of Pleadings – High Court allowing an amendment under Order VI Rule 17 of the CPC despite the trial having commenced – Trial court rejected the amendment application on the grounds of undue delay and lack of due diligence by the plaintiff – High Court found that the amendment was necessary for the proper adjudication of the dispute, especially re...
Land Acquisition – Payment of Compensation – The appellant (M/s Ultra-Tech Cement Ltd.) challenged the High Court’s direction to pay compensation under the Supplementary Award dated 02.05.2022 – High Court had ruled that the appellant should pay the compensation first and recover the amount from Jaiprakash Associates Limited (JAL) later – The Supreme Court held that t...
Urban Land Ceiling – Acquisition of Land – Proceedings Quashed – The petitioners, members of Gopal Nagar House Buildings Society, challenged the acquisition of their land under the Urban Land (Ceiling and Regulation) Act, 1976, arguing that the land was agricultural and exempt from the provisions of the Act. They contended that the authorities failed to issue notice to the societ...
Education Service – Appointment of Principal – Requisition Sent to Board – The petitioners challenged the transfer orders appointing other individuals as Principals in intermediate institutions – The petitioners contended that once the requisition for appointment had been sent to the U.P. Secondary Education Service Selection Board in accordance with Rule 11(4) of the 1998 ...
Land Law – Mutation of Leasehold Property – The petitioner sought mutation of a plot in Salt Lake City, which was transferred to him through a registered deed of conveyance – Authorities demanded the petitioner file an affidavit declaring that he and his family do not own any other property in the KMDA area, citing the Urban Land (Ceiling and Regulation) Act, 1976 – The pet...
Civil Procedure – Application for Additional Evidence – Order 18 Rule 17 CPC – Petitioner sought to introduce Jamabandi for the year 2021-22 as additional evidence to rebut the respondents’ claim in a suit involving the validity of a Will – The trial court dismissed the application on the grounds that the proposed evidence was not relevant to the suit property –...
Civil Procedure – Application for Rejection of Plaint – Order VII Rule 11 CPC – Petitioners (defendants) filed an application seeking rejection of the plaint on the ground that the plaintiff (respondent) had not affixed ad valorem court fee on the value of the suit property – The plaintiff sought a declaration that the sale deed and transfer deed executed in favor of the pe...
Professional Misconduct – Chartered Accountants – Referral to Disciplinary Committee – The petitioner, a Chartered Accountant, challenged the Board of Discipline’s decision to refer a matter for further inquiry regarding alleged misconduct related to auditing companies without proper compliance with RBI regulations – The High Court held that the Board was within its p...
Tenancy Rights – Section 5(11)(c) Bombay Rent Act – Claim of Tenancy by Family Member – Plaintiff’s Status as Tenant Rejected – The applicant claimed tenancy rights under the Bombay Rent Act as a family member of the deceased original tenant, Ms. Dinamai Rustomji Master, asserting residence since 1974 – The trial court accepted the claim, but the Appellate Bench...