Medical Examination – Government Recruitment – Petition challenging Review Medical Examination Report dated 21.12.2023 declaring petitioner unfit due to hypertension and tachycardia – High Court noted failure to follow required regulations/guidelines for hospitalization and observation before final opinion – Set aside report – Directed reconstitution of Review Medical...
Dispute on Partition and Legal Heir Status – Involving agricultural land in Tamil Nadu – Original suit filed for partition and possession by Respondent No. 1 and Respondent No. 2 against Respondent Nos. 3 and 4 – Appellants, later impleaded, claimed shares as legal heirs of Muthusamy Gounder, the common ancestor – Issue centered on the validity of marriages and legitimacy o...
Workman Status – Nature of Employment – Determination based on Work Profile and Burden of Proof – Labour Court erroneously determined employee as ‘workman’ solely based on management witness’s negative statements during cross-examination – Employee’s failure to provide material on nature of work performed – Court’s selective use of eviden...
Real Estate Transaction – Refund of Advance Payment – Appeal against the rejection of the suit for refund under Order 7 Rule 11 of the CPC – Appellant claimed a refund of Rs. 40,14,500 paid as an advance in a land sale agreement – Appeal allowed for refund of advance payment with interest. [Para 2, 5-6]
Contractual Obligations – Interpretation of Agreemen...
Custody of Minor – Guardianship Dispute – Appeal against the order of First Additional District Judge, Waraseoni, rejecting the application for custody of the minor son under Section 25 of Guardians and Wards Act, 1890 – Trial court's decision based on the welfare of the child, considering the conduct of the appellant and the ability of maternal grandparents to provide care. ...
Transfer Petition in Family Court Matters – Jurisdiction and Convenience – Petition for transfer of case from Family Court, Kozhikode to Family Court, Manjeri – Petitioner, a mother, citing financial and health constraints and shorter distance to Manjeri – Respondents argue minimal distance difference and minor child's school and Madrassa in Kozhikode – Court cons...
Land Acquisition and Ownership – Government’s acquisition of land in Karkardooma, Delhi – Plaintiffs’ claim for ownership and management rights over land – Trial and First Appellate Courts dismissed claim due to government acquisition and lack of legal standing of plaintiffs [Paras 3, 6, 7, 26-33].
Pairokar (Agent) Relationship – Plaintiff’s f...
Import of Guns for Entertainment Purposes - Petitioner's claim that imported guns, which do not release a projectile, should not be classified as "firearms" under Section 2(e) of the Arms Act, 1959, thus negating the need for a license [Paras 1-2].
Exemption Under Arms Rules, 2016 - Reference to exemption notification dated 18.07.2016 for “firearm replicas”, with the a...
Historical and Cultural Significance of Chittorgarh Fort - Recognized under relevant Acts and as a UNESCO World Heritage Site - Importance of preserving the fort from damages due to urbanization and mining activities. [Paras 1-2]
Conflict between Mineral Exploitation and Monument Preservation - Dilemma over limestone mining near Chittorgarh Fort and its potential harm to the monument&...
Execution of Decree and Objection under Section 47 CPC - Trial Court's decree against Samiullah (Defendant No. 2) based on his failure to file a written statement was challenged for lacking inherent jurisdiction and thus inexecutable. The High Court, agreeing with the Executing Court, found the decree void, leading to the current appeal. [Paras 1-7, 12, 32-41, 51]
Adjudication on Jurisdicti...