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Judgement

Family Court cannot determine guardianship and custody of a minor child, unless it adheres to mandatory procedures and principles of natural justice

Family Court cannot determine guardianship and custody of a minor child, unless it adheres to mandatory procedures and principles of natural justice

While determining the question of custody of the minor child, Family Court is obliged to inquire into the matter as per the procedure prescribed by law. It does not have plenary powers to do away with the mandatory procedural requirements in particular, which guarantee fairness and transparency in the process

Individual ineligible to submit resolution cannot be permitted to propose scheme of compromise and arrangement with creditors and members

Individual ineligible to submit resolution cannot be permitted to propose scheme of compromise and arrangement with creditors and members

As quoted by Justice Dr Dhananjaya Y Chandrachud, “The stages of submitting a resolution plan, selling assets of a company in liquidation and selling the company as a going concern during liquidation, all indicate that the promoter or those in the management of the company must not be allowed a

Hopelessly time barred application for appointment of arbitrator, cannot be entertained

Hopelessly time barred application for appointment of arbitrator, cannot be entertained

The contractor entered into an agreement with the Cantonment Board for repairing internal and main roads. As per the final contract certificates, a final payment was received by the respondent, contractor in respect of the works in question. The contractor then started making demands towards reimbursement on account of variation

Candidates earlier selected against a reserved category seat, can later shift to open category

Candidates earlier selected against a reserved category seat, can later shift to open category

As Quoted by Justice Uday Umesh Lalit, “With the availability of additional posts, in re-working exercise, if the candidates who were already selected against reserved posts were entitled to be considered against open category posts, that exercise cannot be termed as illegal or invalid on any count. These 3295 posts

Not providing effective hearing to detenue, ultimately renders such detention order invalid

Not providing effective hearing to detenue, ultimately renders such detention order invalid

Detaining Authority is peremptorily required to afford a proper opportunity to the detenu, to be heard in person by the Advisory Board. In the case at hand, the written communication of intimation of the hearing by the State Advisory Board was sent by Fax to Jail Authorities, just before the

Debts advanced by banks or financial institutions to secured creditors have precedence over all revenues due to Central or State Govt.

Debts advanced by banks or financial institutions to secured creditors have precedence over all revenues due to Central or State Govt.

The question regarding the priority of secured creditors arose in writ petitions before Division Bench of Andhra Pradesh High Court, whether debts advanced by the banks/financial institutions have precedence over all the revenues due to the Central or State Governments. And the Supreme Court answered this issue positively. Security

Insurer cannot be exonerated from its liability to compensate labourer for injuries suffered during loading, merely because it was not intimated of transfer of tractor-trailer by owner

Insurer cannot be exonerated from its liability to compensate labourer for injuries suffered during loading, merely because it was not intimated of transfer of tractor-trailer by owner

Andhra Pradesh High Court held that a transfer of the vehicle without intimating the insurer or getting the policy transferred in favour of the transferee by itself is not a reason to clothe or shield the insurer from any action and in enforcing its liability. A contract of fidelity cannot