Constitution of India, 1950, Article 226 -- Writ petition - Judicial order based on consent of parties, which is in the teeth of Writ Rules and seeks to unsettle and even override the determination made by Chief Justice, could not have vested jurisdiction in the appellate Court to hear the pending writ petition...........
Constitution of India, 1950, Article 14, Advocates Act, 1961, Section 16, Supreme Court Rules, 2013, Order 4, Rule 2 -- Classification of Advocates - Designation - Designation as a Senior Advocate cannot remain the monopoly of the Advocates practicing in High Courts and this Court - If the designations are conferred only to the Advocates practicing in High Courts and this..........
Kerala Buildings (Lease and Rent Control) Rules, 1979, Rule 11(8) -- Ex parte eviction order - Term "the dispute may be decided ex parte" means dispute must be decided in the manner provided in the said provision, when party duly summoned fails to attend - In other words, decision should be in writing and it must be made after considering oral or documentary evidence..........
Judicial review -- While administrative actions and statutory rules that impact citizens rights are subject to judicial review, notion that State must provide a prior hearing to affected individuals during exercise of its rule-making power is fundamentally flawed...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23, Bihar Maintenance and Welfare of Parents and Senior Citizens Rules, 2012, Rule 21(2)(i) -- Eviction of son and daughter-in-law from self acquired property of senior citizen - Senior Citizen 75 years of age - Son and daughter-in-law have not only encroached upon self acquired property but also..........
Supreme Court Rules, 2013, Order 22, Rule 5 -- Special Leave petition - Exemption from surrendering - An application seeking exemption from surrendering cannot be entertained or listed before the Hon'ble Judge-in-Chambers in any special leave petition, except where the petitioner has been sentenced to a term of imprisonment...........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Restraining defendants from recovering royalty from plaintiffs - Brick earth was declared as a minor mineral by a notification u/s 3(e) of Mines and Minerals Act - State Government thus, gets the right to levy royalty on the production and disposal of minor minerals - Once it is shown that under the Mineral..........
Hindu Succession Act, 1956, Section 8 -- Property of a Hindu male dying intestate - Property after the death of Hindu male shall devolve upon his Class 1 heirs i.e mother and wife - No evidence on record that wife committed murder of husband/Hindu Male - It cannot be said that wife is seized to be Class I heir of her husband - Mother and wife of deceased rightly held, as..........
Medical Termination of Pregnancy Act, 1971, Section 3(2), Medical Termination of Pregnancy Rules, 2003, Rule 3B -- Termination of pregnancy - Married women - Petitioner is 18 weeks and 5 days pregnant and further, living separately from the company of her husband without legally obtaining divorce - Petitioner held, eligible for medical termination for her unwanted..........
Criminal Procedure Code, 1973, Section 154, 482, Indian Penal Code, 1860, Section 409, 419, 465, 468, 34, Karnataka Registration (Deed Writers Licence) Rules, 1979, Rule 2(i), 10 -- Quashing of FIR - Cheating and Forgery - Deed Writer - Merely because accused is a deed writer proceeding against him cannot be quashed as the offence of forgery and criminal breach of trust by..........
