The Court held that mediation is an Alternative Disputes Resolution process provided under Section 89 of the Code of Civil Procedure. The parties must be provided with reasonable time to fulfil their duties as per the agreement made in the mediation ..
In the instant case, a pro bono litigation was being taken up to ensure that wherever allegations are not very grave, to save families and children and indeed the institution of marriage, an effort is to be first made for reconciling matrimonial disp..
A tenant who continues to occupy a property even after the expiry of the lease is called ‘tenancy at sufferance.’ This judgement decided whether such a tenant is entitled to seek protection against the proceedings under the SARFAESI Act...
The Sole Respondent had filed a petition against the Applicant No. 1 under the Domestic Violence Act. The contentions raised therein were reportedly a repetition of the allegations that were put forth in an earlier proceeding, which was already heard..
In the following case, while disposing of the appeal by Jose Luis Quintanilla Sacristan, the Allahabad High Court held that forensic science laboratory reports need not be proved by calling its Director. The Court clarified the application of Section..
The following case involves the discretion of the court in granting bail to a person accused of a serious economic offence involving criminal misappropriation of a large amount of public money...
This judgement very clearly established that an employer can forfeit the gratuity to the extent of financial loss caused to him due to misconduct by the employee...
In the following case, the power of the Enforcement Directorate (ED) to file and maintain a writ petition was called into question along with the power of the State Government to issue notifications outside their jurisdiction...
The Appellant was a purchaser of a mortgaged property, the redemption of which was foreclosed after the execution of the sale deed, due to the non payment of the mortgage amount by the mortgagors to the mortgagee. The Appellant alleged that he has th..
In the present case, the matter was before the court was for the custody of the child. Therefore, the court had appointed a mediator to discharge its duties w.r.t. the parens patriae jurisdiction but the respondent had challenged the same on the grou..
The Supreme Court analysed its decision in the Uma Devi case and found that as per the decision given in that case, while deciding that if the initial appointment was not in consonance with the rules, it would be deemed illegal...
In one of the best decision ever made by the Apex Court at least to the best of my knowledge in my lifetime, it is most righteous, most rational, most reassuring, most remarkable and most refreshing to learn that the Supreme Court has in a learned, l..
In a probate case, the validity of a cancellation deed was challenged. The Supreme Court, in this case, observed that merely because a thumbprint is annexed instead of a signature, the genuineness of the property transaction cannot be doubted...
In this case, the petitioners have availed loan/credit facilities from the respondent bank with respect to the immovable properties as security. Due to the non-repayment loan, the respondent bank filed a notice under the SARFAESI Act. The High Court ..
The case has arisen out of an accident that had occurred in 1999. The Claims Tribunal had awarded just Rs. 1 Lakh, whereas the High Court increased the same to Rs. 37, 81, 234/- by applying the multiplier of 11. The appeal petition was filed by the O..
The appellants/ employees of Coal India Limited challenged the order of Jharkhand HC and claimed tax exemption under Section 10 of Income Tax Act arguing that amendment 2010 to Payment of gratuity Act should have a retrospective effect but the same w..
The decision of the Punjab and Harayana High Court has been challenged in the present matter. While setting aside the order, the Apex Court said that right to shelter does not mean the right to government accommodation...
The appellant company had challenged the order of the High Court that had errored in interpreting the facts of the case and applicability of Explanation 3C and Section 43B of the Income Tax Act, 1961, and the impugned judgement of the HC was set asid..
The following case involves a bribery charge on a public servant and his plea for reduction of sentence to the Supreme Court under Article 142 of the Indian Constitution...
The petitioners were directly recruited judges, who had challenged the seniority list prepared on the basis of the Madhya Pradesh Civil Services (General Condition of Service) Rules, 1961. They stated that the same has been overridden with the coming..