Maintenance under Section 125 Cr.P.C. – Prima Facie Marriage Dispute – Necessity to Establish Valid Marriage – The petitioner denied that the opposite party (Respondent No. 2) was his legally married wife and argued that she was his maid. The petitioner claimed to have been married to another woman since 1979 and provided documentary evidence, including a marriage invitation card...
Senior Citizen Law – Voidance of Gift Deed under Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 – High Court quashes order of the Assistant Commissioner dismissing the mother’s petition – The Court held that the absence of a clause in the Gift Deed obligating the donee (son) to take care of the donor’s (mother’s) basic needs d...
Facts:
The 1994 EIA notification mandated prior Environmental Clearance (EC) for the setup and expansion of industrial units in specified categories. The circular of 2002 extended the deadline and allowed for ex post facto ECs. The circular was challenged and quashed by the National Green Tribunal (NGT). The industries in question did not seek ECs as required by the EIA notification and operate...
Town Planning – Transferable Development Rights (TDR) – Allotment of Alternative Sites – High Court directed Municipal Corporation to allot alternative tenements to displaced tenants and consider TDR for landowners – Corporation's demolition of structures without due process found high-handed – Corporation's willingness to grant TDR acknowledged but relief of ...
Town Planning – Demand of Premium – Letter of Intent (LOI) – LOI valid for three months – Delay in obtaining clearance from Coastal Zone Management Authority – Appellants failed to make representation to extend LOI – Premium demand in accordance with Government Resolution dated 16.04.2008 requiring payment of 25% of Ready Reckoner value for Slum Rehabilitation S...
Rent & Eviction – Re-induction of Tenant – Statement by counsel in court – Landlord bound by counsel's statement regarding re-induction of tenant – High Court's decision to uphold counsel's statement in review petition justified – Counsel's statement binds landlord, cannot resile from it – Order for re-induction of tenant in reconstructed pre...
Mining Law – Transportation of Iron Ore – Appeal against High Court's order permitting JSPL to transport iron ore purchased from SMPL – Supreme Court's interim directions prohibited mining operations, not transportation of already mined, purchased, processed, and royalty-paid ore – High Court correctly allowed transportation – Appellants' objections concer...
Motor Vehicles Act – Cross-objection – Appeal against High Court's rejection of cross-objection in motor vehicle compensation case – Conjoint reading of Section 173 of the Motor Vehicles Act, Rule 249 of the Bihar Motor Vehicle Rules, and Order XLI Rule 22 of the CPC allows any party aggrieved by any part of the award to prefer an appeal – Respondents may file cross-obj...
Service Law – Termination – Challenge to High Court order upholding reinstatement – Termination order was a speaking order with reasons clearly stated – High Court erred in concluding the termination was without reasons – No legal or factual similarity between the cases of Ram Gopal and Shyam Behari Lal to warrant parity – Ram Gopal had not been in service since...
Rent Control – Determination of Fair Rent – Appeal against High Court order dismissing challenge to fair rent determination – Application for fair rent can be made by both landlord and tenant even during the currency of contractual tenancy – Supreme Court upheld the dismissal of the appeal, affirming that the Rent Control Act provisions override contractual agreements and a...