OTHERS
'Against Karnataka Industrial Area Development Act': High Court Sets Aside Land Acquisition, Says It Was Done For Private Entity's Expansion
HC: Nothing but Fraud committed on statute by authorities to divest Landowners from their holdings for a Pittance in favour of Private Entity
Even In Absence Of Express Provision In Notice Inviting Tender, State Retains Inherent Power To Blacklist Contractor: Patna HC
The Patna High Court has upheld an order passed by the South Bihar Power Distribution Company Limited (SBPDCL) blacklisting a contractor for three years and terminating contracts relating to construction of power substations, holding that the State and its instrumentalities possess inherent executive power to blacklist contractors even in absence of an express contractual provision.A...
Land Revenue Act | Revisional Powers U/S 15 Must Be Exercised Within Reasonable Time; Unexplained 20-Year Delay Impermissible: J&K&L High Court
The High Court of Jammu & Kashmir and Ladakh has quashed an order passed by the Financial Commissioner (Revenue) setting aside a mutation attested in the year 2004, holding that the revision petition filed in 2021 after a lapse of nearly twenty years was barred by unreasonable delay.Expounding on the mandate of Section 15 of the Land Revenue Act the Court reiterated that revisional...
Special Marriage Act | 1-Year Waiting Period For Filing Divorce Plea Can Be Waived In Cases Of 'Exceptional Hardship': Delhi High Court
The Delhi High Court has held that the statutory one-year waiting period for filing a divorce petition under the Special Marriage Act, 1954, can be waived in exceptional circumstances where continuation of the marriage would only prolong the parties' hardship.A Division Bench comprising Justice Vivek Chaudhary and Justice Renu Bhatnagar allowed an appeal filed by a husband challenging a...
Hindu Succession Act | After Intestate Succession, One Co-Heir Cannot Alienate Shares Of Others Acting As Karta : Supreme Court
The co-heirs will inherit the property as tenants-in-common and the concept of “kartaship” doesn't apply, the Court held.
'Direct Evidence Of Adultery Extremely Difficult': Madras High Court Grants Divorce Citing Wife's Close Proximity With Another Man
The Madras High Court recently granted divorce to a man on the grounds of adultery by his wife, stating that though there was no direct evidence of sexual intercourse, there was evidence regarding close proximity of the wife with another married man. The bench of Justice CV Karthikeyan and Justice K Rajasekar noted that adultery itself is an act of secrecy, and it is very difficult...
Hindu Succession Act | 2005 Amendment Does Not Limit Daughters' Pre-Existing Inheritance Rights : Supreme Court
The Court clarified that Section 6(5) of the Hindu Succession Act does not bar daughters' suit seeking partition to claim intestate inheritance rights as Class 1 heirs under Section 8.
Wife Staying At Parents' House After Childbirth While Husband Is Abroad Can't Be Treated As Desertion: Madras High Court
The Madras High Court has recently held that a wife going to her mother's house for delivery and remaining there after the birth of the child cannot be seen as an act of desertion when the husband was not present in the country during the time. “But, at any rate, we hold that since the appellant [husband] was not in this country, he cannot now complain about the conduct...
S. 25 Hindu Succession Act | Murder Accused Cannot Claim Inheritance Of Murdered Person's Property : Supreme Court
The Court clarified that an actual conviction is not necessary, and a murder-accused will also be disqualified from inheritance.
Final Maintenance Order Under Section 125 CrPC Prevails Over Interim Relief Under Hindu Marriage Act: Karnataka High Court
The Karnataka High Court has upheld a final maintenance order under Section 125 CrPC while simultaneously setting aside an interim maintenance order under Section 24 Hindu Marriage Act passed in separate proceedings, holding that continuance of both results in overlapping financial liability of the husband which is illegal. The single-judge bench of Justice Dr. K. Manmadha Rao noted in the...
Prosthetic Limb Costs Must Also Be Compensated To Restore Accident Victims To Dignified Life: Supreme Court
The Supreme Court has held that compensation awarded to motor accident victims must include the cost of prosthetic limbs and their maintenance, emphasizing that such devices are essential to restoring mobility, confidence, and dignity to amputees.Observing that a prosthetic limb is integral to the life of a person who has lost a limb, the Court underscored that compensation must aim to place...
