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A plaint cannot be rejected under Order 7 Rule 11 CPC where triable issues of title and validity of sale deeds based on revoked authority and unregistered documents exist, or where multiple causes of action allow for survival of other reliefs. Nagaland Village and Area Councils Act, 1978 — Section 3 — Recognition of villages — State’s duty to consider objections fairly — Failure appears to have occurred in present case — Objections by appellant regarding ancestral land ownership not adequately considered by State authorities before recommending recognition — Court cannot definitively decide complex factual disputes regarding land ownership and customary practices — Appropriate for State authorities to resolve such issues. Lack of prima facie material to substantiate allegations of cheating, sexual intercourse under false promise of marriage or caste-based exploitation — Allowing prosecution would be abuse of process. Permanent Alimony — Basis for determination — Considerations include husband’s income, past earnings, financial disclosures, wife’s financial needs, standard of living during marriage, inflation, and wife’s continued reliance on maintenance. Considerations for cancellation — Principles are distinct from those for granting bail — Bail should not ordinarily be cancelled unless procured by fraud/misrepresentation, allegations are grave impacting society, release creates fear/terror, or accused may abscond/tamper with evidence — Where allegations are severe, shaking conscience of the Court, and there is an imminent likelihood of accused adversely affecting fair trial, bail is liable to be cancelled.
State Laws

Nagaland Village and Area Councils Act, 1978 — Section 3 — Recognition of villages — State’s duty to consider objections fairly — Failure appears to have occurred in present case — Objections by appellant regarding ancestral land ownership not adequately considered by State authorities before recommending recognition — Court cannot definitively decide complex factual disputes regarding land ownership and customary practices — Appropriate for State authorities to resolve such issues.

Jun 1, 2025 sclaw
A plaint cannot be rejected under Order 7 Rule 11 CPC where triable issues of title and validity of sale deeds based on revoked authority and unregistered documents exist, or where multiple causes of action allow for survival of other reliefs.
C P C
A plaint cannot be rejected under Order 7 Rule 11 CPC where triable issues of title and validity of sale deeds based on revoked authority and unregistered documents exist, or where multiple causes of action allow for survival of other reliefs.
Nagaland Village and Area Councils Act, 1978 — Section 3 — Recognition of villages — State’s duty to consider objections fairly — Failure appears to have occurred in present case — Objections by appellant regarding ancestral land ownership not adequately considered by State authorities before recommending recognition — Court cannot definitively decide complex factual disputes regarding land ownership and customary practices — Appropriate for State authorities to resolve such issues.
State Laws
Nagaland Village and Area Councils Act, 1978 — Section 3 — Recognition of villages — State’s duty to consider objections fairly — Failure appears to have occurred in present case — Objections by appellant regarding ancestral land ownership not adequately considered by State authorities before recommending recognition — Court cannot definitively decide complex factual disputes regarding land ownership and customary practices — Appropriate for State authorities to resolve such issues.
Lack of prima facie material to substantiate allegations of cheating, sexual intercourse under false promise of marriage or caste-based exploitation — Allowing prosecution would be abuse of process.
I P C SC/ST
Lack of prima facie material to substantiate allegations of cheating, sexual intercourse under false promise of marriage or caste-based exploitation — Allowing prosecution would be abuse of process.
Permanent Alimony — Basis for determination — Considerations include husband’s income, past earnings, financial disclosures, wife’s financial needs, standard of living during marriage, inflation, and wife’s continued reliance on maintenance.
Maintenance
Permanent Alimony — Basis for determination — Considerations include husband’s income, past earnings, financial disclosures, wife’s financial needs, standard of living during marriage, inflation, and wife’s continued reliance on maintenance.
Service Matters
Service

Service Law—Appointment—Primacy of Consultation—Where a Selection Committee has been constituted, the consultation with other department is only a process of discussion which has to be taken into consideration while making recommendation by the Selection Committee—It cannot be said to have a primacy.

Aug 7, 2018 sclaw

(2017) AIR(SCW) 5599 : (2017) AIR(SC) 5599 : (2018) 1 ApexCourtJudgments(SC) 259 : (2017) 4 ESC 804 : (2018) 1 JCR 294 : (2017) 11 JT 429 : (2017) 4LawHerald(SC) 3193 : (2018)…

Service Matters
Service

Service Law—Selection-Minimum marks in viva-voce—Whether the introduction of the requirement of the minimum marks for interview, after the entire selection process (consisting of written examination and interview) was completed, would amount to changing the rules of the game after the game was played which is clearly impermissible—Matter referred to larger bench.

Aug 7, 2018 sclaw

(2017) 4 ESC 818 : (2018) 1 JCR 306 : (2017) 4 LawHerald(SC) 3191 : (2017) 13 Scale 483 : (2018) 1 SCC 239 : (2018) 1 SCC(L&S) 23 : (2017) 4 SCT 792…

Property Matters

Agreement to Sell—Second Appeal—Plea relating to limitation and cancellation of agreement cannot be permitted to be raised, for the first time, in second appeal. Agreement to Sell—Agreement to sell in itself does not create any interest in the land nor does it amount to sale under Section 54 of the T.P. Act— It only enables the intending buyer to claim specific performance of such agreement on proving its terms—In other words, there lies a distinction between an agreement to sell, and sale.

Aug 7, 2018 sclaw

(2018) 181 AIC 98 : (2018) AIR(SCW) 49 : (2018) AIR(SC) 49 : (2018) 126 ALR 469 : (2017) DNJ 1095 : (2017) 12 JT 38 : (2017) 4 LawHerald(SC) 3179 : (2018) 1…

Accident

Deceased was a lady aged 42 years and was working as agricultural labourer-­ Tribunal was wrong in taking income as Rs. 25/- per day and monthly income as Rs. 650/- -Deceased was taking care of her three children and was also maintaining her husband—Taking income from the agricultural labour work at Rs. 3000/- p.m. and Rs. 1,500/- per month for the household work the monthly income of the deceased assessed at Rs. 4,500/- p.m.

Aug 6, 2018 sclaw

(2017) 4 ACC 707 : (2018) ACJ 538 : (2018) 181 AIC 27 : (2018) AIR(SCW) 204 : (2018) AIR(SC) 204 : (2017) 2 AnWR 674 : (2017) DNJ 1077…

You missed

C P C

A plaint cannot be rejected under Order 7 Rule 11 CPC where triable issues of title and validity of sale deeds based on revoked authority and unregistered documents exist, or where multiple causes of action allow for survival of other reliefs.

Jun 1, 2025 sclaw
State Laws

Nagaland Village and Area Councils Act, 1978 — Section 3 — Recognition of villages — State’s duty to consider objections fairly — Failure appears to have occurred in present case — Objections by appellant regarding ancestral land ownership not adequately considered by State authorities before recommending recognition — Court cannot definitively decide complex factual disputes regarding land ownership and customary practices — Appropriate for State authorities to resolve such issues.

Jun 1, 2025 sclaw
I P C SC/ST

Lack of prima facie material to substantiate allegations of cheating, sexual intercourse under false promise of marriage or caste-based exploitation — Allowing prosecution would be abuse of process.

Jun 1, 2025 sclaw
Maintenance

Permanent Alimony — Basis for determination — Considerations include husband’s income, past earnings, financial disclosures, wife’s financial needs, standard of living during marriage, inflation, and wife’s continued reliance on maintenance.

Jun 1, 2025 sclaw