Desertion and irretrievable breakdown of marriage, sustained for over two decades, constitute mental cruelty: Allahabad High Court Dissolves 34-Year-Old Marriage Acquittal in Criminal Case Must Prompt Review of Dismissal: Telangana High Court There Must Be an Intention to Provoke or Drive the Victim to Commit Suicide: High Court Discharges Accused in Abetment of Suicide Case Plaintiffs' Claim of Private Ownership Over Public Road Fails: Balance of Convenience Favors Defendants, Rules Bombay High Court Suspicious Circumstances Invalidated Unregistered Will in Partition Dispute: Supreme Court Suspicious Circumstances Must Be Resolved Even After Valid Execution of Will: Supreme Court Procedural Rules Cannot Obstruct Access to Justice: Litigants Should Not Suffer for Counsel's Negligence: Supreme Court Restores Suit Dismissed Ex-Parte Writ Jurisdiction Cannot Be Used to Reappreciate Evidence or Reverse Well-Founded Factual Findings: Supreme Court IBC | Corporate Guarantee Under Hypothecation Deeds Qualifies as Financial Debt: Supreme Court Beneficial Legislation Must Be Interpreted Purposively to Protect the Rights of Senior Citizens: Supreme Court Quashes Gift Deed Executed by Senior Citizen Attempt Must Go Beyond Preparation: Rajasthan High Court Alters Conviction in 33-Year-Old Case Punjab & Haryana High Court Directs Aided Institution to Pay Leave Encashment to Retired Employees Kerala High Court Allows Review Petitions in Custody Dispute, Recalls Earlier Judgment Granting Interim Custody to Father Copyright in Sound Recordings Must Be Protected: Delhi High Court in Interim Injunction Grounds of Arrest Must Be Served in Writing, But Remand Report Can Satisfy Constitutional Mandate: Andhra Pradesh High Court

"Writ Law" Digest

Constitutional Law - Maintainability of Writ Petition - Article 226 -Writ petition under Article 226 of the Constitution of India challenging the order of RERA— Petitioner's contention that the delegation of powers by the RERA to the Adjudicating Officer is beyond jurisdiction— Held that Section 81 of the Act empowers the RERA to delegate any of its powers except for framing regula...

Constitutional Law - Maintainability of Writ in Contractual Matters - Guarantor’s Petition:Writ under Articles 14, 226, and 227 of the Constitution of India—Maintainability of writ petition by a guarantor in contractual matters—Extension of time under OTS Scheme by the Bank/secured creditor—Held, no absolute bar on entertaining a writ petition in contractual matters—C...

Compassionate Appointment - Maintenance of In-Laws – Petition under Article 226 challenging order to pay 25% of gross salary as maintenance – Petitioner granted compassionate appointment as Lady Constable upon undertaking to maintain her deceased husband's parents – Petitioner remarried and contested maintenance obligation citing personal financial responsibilities – He...

GST Law - Detention of Goods – Writ Petition – Alleged tax evasion due to minor discrepancy in quantity of copper goods in transit – Invoice and e-way bill showed 10430.7 kg, actual weight 10520 kg – Discrepancy less than 1% – Tax already paid Rs.12,76,717.68 – Claimed evasion Rs.11,000 – Petitioner offered to pay additional tax and penalty – Court f...

Service Law - Dismissal from Service - Writ Petition - Challenge to dismissal order affirmed by Appellate Authority - Petitioner, Incharge of Police Malkhana, found grossly negligent in duty leading to missing money - Held, Petitioner's actions constituted gravest misconduct - Authorities need not reproduce statutory language if allegations substantiate misconduct - Writ Petition Dismissed [Pa...

Land Law - Ownership Dispute - Writ Petition under Article 226 - Petitioner sought to quash the orders dismissing his petition and statutory appeal under Section 11 of the Punjab Village Common Lands (Regulation) Act, 1961. The petitioner claimed ownership and possession of Nazul land as a successor by will, whereas the Gram Panchayat asserted ownership per Jamabandi for the year 2004-2005. The Co...

Administrative Law - Jurisdiction and Authority – Writ Petition against reduction of compensation by Principal Secretary, Department of Power – Compensation originally assessed by District Magistrate – Government’s revision order lacks jurisdiction under the Telegraph Act and the Electricity Act – District Magistrate is the competent authority for compensation assessm...

Equal Pay for Equal Work - Writ Petition - Article 226 of the Constitution of India - Claim for Parity in Pay Scale - Petitioners, teachers working in schools administered by the Punjab Wakf Board, sought parity in pay scales with teachers in other Islamia schools under the same board. The Court held that persons similarly situated are entitled to similar treatment, including similar pay if perfor...

Insurance Law - Breach of Terms and Conditions - Writ Petition under Article 226 - The petitioner, Oriental Insurance Company, challenged the Permanent Lok Adalat's award granting 50% of the insurance claim to the claimant despite the vehicle being used for commercial purposes, which was a breach of the insurance policy terms. The Court held that compensation on a non-standard basis is applica...

Income Tax Act – Reassessment – Validity of Sanction – The petitioner challenged the reopening of its assessment under Section 148, asserting that the sanction under Section 151 was granted mechanically, without independent application of mind by the PCCIT. The Delhi High Court held that the approval granted was flawed in law, as it merely used the word "approved" witho...