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“The High Court of Karnataka rejected the writ petition, upholding the Executive’s jurisdiction over road construction decisions and stressing the boundaries of judicial interference in such issues.”

Case Title – Sri Iranna Vs. The Union of India

Case Number – Writ Petition No. 5201 of 2024

Dated on – 15th April,2024

Quorum – Justice N.V. Anjaria and Justice Krishna S Dixit

FACTS OF THE CASE

In the Case of Sri Iranna Vs. The Union of India, the Appellants are Sri Iranna and Sri Siddaramesh whereas the Respondents are The Union of India, State of Karnataka, C, Chief Engineer of Ministry of Road Transport and Highways, Special Land Acquisition Officer, Deputy Commissioner Koppal District, Koppal Development Authority, Assistant Executive Engineer NHAI and the Additional Director General Nodal Ministry of Road Transport and Highways. The Appellants in the present case are both engaged in agriculture and are the residents of Yelburga, Koppal District, Karnataka. In the present case, the Appellants have challenged the construction of a bypass road by the National Highway Authority, stating that it passes through their agricultural lands and tube wells, impacting their as well as the rights of the pedestrians and the users of the road. The Appellants had priorly instituted a similar Writ Petition No. 17969 of 2023, which was withdrawn with liberty to file again.

CONTENTIONS OF THE APPELLANTSS

  1. The Appellants, through their counsel, in the present case contented that the selection of the bypass No.4 for the construction of the road is inappropriate and contrasts the guidelines.
  2. The Appellants, through their counsel, in the present case contented that the alignment of the bypass would scramble the agricultural activities and the access to the tubewells.
  3. The Appellants, through their counsel, in the present case sought for a direction of the court to discontinue the construction and embrace the option No.4 for the bypass road to safeguard the rights of the pedestrians as well as the users of the road.

CONTENTIONS OF THE RESPONDENTS

  1. The Respondents, through their counsel, in the present case contented that the construction of the road falls within the ambit of the Executive and the Court should abstain itself from interfering unless there are strong contentions to do so.
  2. The Respondents, through their counsel, in the present case contented that the request of the Appellants to dictate the layout of the road is beyond the jurisdiction of the Court.
  3. The Respondents, through their counsel, in the present case accentuated the significance of the interest of public in infrastructure projects and reiterated that the petition lacks merit.

LEGAL PROVISIONS

  1. Article 226 and Article 227 of the Constitution of India prescribes the Jurisdiction of the Court.
  2. Article 21 of the Constitution of India protects the right to life and personal liberty of a person.
  3. Doctrine of Separation of Power prescribes that the courts should show deference to decisions of the Executive unless there is a breach of binding rules.
  4. Principle of Self-Restraint prescribes that the courts should not readily interfere in the functions of the Executive unless there are strong reasons to do so.

ISSUES

  1. The main issues in the present case revolves around whether there should be an intervention of the court in the decision of the Executive for the construction of the road?
  2. Whether the request of the Appellants for a specific layout of the road is justified?

COURT ANALYSIS AND JUDGMENT

The court in the case of Sri Iranna Vs. The Union of India, the court appreciated the appeal of the Appellants for the public interest jurisdiction but asserted that it should be used only in cases concerning the welfare of the marginalised or weaker sections of the society or in cases concerning the violation of the fundamental rights of the people of the country. The court cited the previous cases where the court has declined to interfere in matters relating to the infrastructure projects, averring that such matters should be best left to the decisions of the Executive. The court, in the present case, held that planning the layout as well as executing the road projects are the functions of the executive and does not come within the ambit of the court, unless it is shown to be arbitrary or violative of the fundamental rights of the people of the country. The court in this case, dismissed the petition of the Appellants, enunciating that the request of the Appellants for the specific layout of the road being constructed cannot be entertained since it lies under the realm of the Executive.

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Judgement Reviewed by – Sruti Sikha Maharana

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Assignee need not file a leave for continuance of suit proceedings : Bombay HC

Title: Ratnamala Mohan Aklujkar V Smt. Sushila Nirmalkumar Rungta and ors

Decided on: 29th November, 2023

Citation : Civil Writ Petition No. 1723

Coram: Hon’ble Justice Rajesh S. Patil

Introduction

A Writ petition was filed under Article 227 of the constitution of India challenging the Appellate bench of Small Causes of Bombay in the matter of an Eviction Suit.

Facts of the Case

An eviction suit was filed under Section 16(1)(a) and (b) of the Maharashtra Rent Control Act, 1999 in the Small Causes Court of Bombay. Subsequently, the owner of the property sold the building. The defendant in the eviction suit filed an application on the rejection of the Plaint on the grounds that the owner-tenant relationship to be ceased due to the conveyance of property and such plaint is barred by the provisions of CPC.

The suit was dismissed by the Small Causes Court of Bombay, however the appellate bench of the same reversed the order and allowed the eviction suit.  It was argued that the defendants reason for rejection of plaint was not mentioned in the provisions of Order VII, Rule 11 of the CPC.

Courts analysis and decision

The court relied on the judgement of Sharadamma v Mohammed Pyarejan that a dismissal cannot be done on the account of failure of filing an application to continue the proceedings by the assignee. Furthermore, it was declared that a suit cannot be dismissed on the ground that applicant did not file a leave for continuation of Suit under Order XXII, Rule 10 of the CPC. The court also dismissed the writ petition and held that the eviction proceedings to be continued for the benefit of the new owner.

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Written by- Sanjana Ravichandran

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What is the Procedure for Court Marriage In Hyderabad?

Getting married is a beautiful milestone in one’s life, and court marriage provides a simple and efficient way to legalize a union. If you are planning to have a court marriage in Hyderabad, it is essential to understand the procedure involved. The process begins with submitting an application to the Marriage Registrar, where you will need to provide the necessary documents. Once the application is approved, a notice of intended marriage is displayed, and after the waiting period, the marriage ceremony can be conducted. Witness requirements are also an important aspect of court marriage in Hyderabad.

To start the procedure for court marriage in Hyderabad, the first step is submitting the application to the Marriage Registrar. This application includes details about the bride and groom, such as their names, ages, addresses, and photographs. Along with the application, certain documents need to be provided, including birth certificates, address proof, and identity proof. After the submission, the Marriage Registrar will verify the documents and approve the application.

Once the application is approved, a notice of intended marriage is displayed at the office of the Marriage Registrar for 30 days. This notice allows for any objections or concerns to be raised. After the waiting period, the marriage ceremony can take place at the office of the Marriage Registrar or any other place that has been approved by the Registrar. It is important to have at least three witnesses present during the ceremony. These witnesses can be family members or friends who are above the age of 21. By following these steps, couples can successfully complete the procedure for court marriage in Hyderabad.

Submitting the Application to the Marriage Registrar

To begin the court marriage process in Hyderabad, you should first submit the application to the Marriage Registrar. The application form can be obtained from the office of the Marriage Registrar or downloaded from their official website. It is important to fill out the form accurately and provide all the necessary documents as mentioned in the application. These documents may include proof of age, address, and identity such as Aadhaar card, passport, or voter ID card. In addition, you may also need to provide photographs of both the bride and groom, along with their signatures.

Once the application form is filled and the required documents are attached, you can submit them to the office of the Marriage Registrar. It is advisable to personally visit the office and hand over the application to the concerned authority. During the submission, make sure to inquire about the fees that need to be paid for the application process. The Marriage Registrar will provide you with a receipt acknowledging the submission of your application. It is important to keep this receipt safe as it may be required for future reference. After the submission of the application, the Marriage Registrar will review the documents and verify their authenticity. If everything is found to be in order, you will be given a date for the court marriage ceremony.

Required Documents for Court Marriage in Hyderabad

Make sure you have all the necessary documents ready when going for a court marriage in Hyderabad. The required documents may vary depending on the personal circumstances of the individuals getting married. However, some common documents that are generally required include proof of age (such as a birth certificate or school leaving certificate), address proof (such as a passport or Aadhaar card), passport-sized photographs, and a marriage invitation card. It is important to note that both parties must provide these documents in order to proceed with the court marriage process.

In addition to these basic documents, there may be additional requirements based on the specific situation of the individuals. For instance, if one or both parties have been previously married, divorce or death certificates may be necessary. If either party is a foreign national, additional documents such as a valid passport and visa may be required. It is advisable to check with the marriage registrar or consult a lawyer to ensure that all the necessary documents are prepared and submitted correctly. By having all the required documents in order, the court marriage process in Hyderabad can proceed smoothly and efficiently.

Notice of Intended Marriage

Before tying the knot, couples in Hyderabad must first submit a notice of their intended marriage. This notice serves as a public declaration of their intention to get married and is a necessary step in the court marriage procedure. The notice should be submitted to the Marriage Registrar of the district where either the bride or the groom resides. The notice should include details such as the name, age, occupation, and address of both the bride and the groom. Additionally, it should include the date and place of intended marriage and the signatures of both parties. Once the notice is submitted, it will be displayed on the notice board of the Marriage Registrar’s office for a period of 30 days. This is done to allow any objections to the marriage to be raised by the public. If no objections are raised within this period, the couple can proceed with their court marriage.

During the 30-day period in which the notice is displayed, anyone who wishes to object to the marriage can do so by filing an objection with the Marriage Registrar. The objection should be supported by valid reasons and evidence. If an objection is raised, the Marriage Registrar will investigate the matter and decide whether or not the marriage can proceed. If no objections are raised or if the objections are found to be invalid, the couple can proceed with their court marriage after the 30-day notice period is over. It is important to note that the notice of intended marriage is a crucial step in the court marriage procedure in Hyderabad, and couples should ensure that all the required information is provided accurately to avoid any delays or complications in the process.

Conducting the Marriage Ceremony

Get ready to celebrate your big day as you embark on the joyous journey of becoming a married couple! Once the Notice of Intended Marriage has been published and no objections have been received, the next step is to conduct the marriage ceremony. In Hyderabad, court marriages are typically conducted at the office of the Sub-Registrar of Marriages or at a location approved by the Registrar. It is important to arrive at the designated venue on time and bring along all the necessary documents, such as the marriage registration form, witnesses’ identification documents, and any other required paperwork.

During the marriage ceremony, the couple will be required to exchange vows in the presence of the Registrar and two witnesses. The Registrar will then validate the marriage by signing the marriage certificate and the couple, along with the witnesses, will also sign the document. It is essential to ensure that all details on the marriage certificate are accurate before signing it. Additionally, the couple may choose to exchange rings or perform any other rituals or customs that are meaningful to them. After the ceremony, the couple will receive the marriage certificate, which is a legal proof of their marriage. It is advisable to keep multiple copies of the certificate for future reference and official purposes. Congratulations, you are now officially married!

Witness Requirements for Court Marriage in Hyderabad

You’ll be thrilled to know that you and your partner won’t be alone in this special moment – two witnesses are required to make your court marriage in Hyderabad truly official. These witnesses can be anyone who is over the age of 21 and is mentally sound. They can be friends, family members, or even acquaintances. The role of the witnesses is to testify that the marriage ceremony took place and that both parties willingly entered into the marriage. Their presence adds a legal weight to the marriage and ensures that the process is conducted in a transparent manner. So, make sure to choose two witnesses who are willing to attend the court ceremony and be a part of this significant moment in your lives.

The witnesses will be required to provide their identification proof, such as Aadhar cards or passports, to confirm their age and identity. It is advisable to inform your witnesses well in advance about their role and responsibilities, so they can come prepared. On the day of the court marriage, the witnesses will be required to accompany you and your partner to the marriage registrar’s office. They will be asked to sign the marriage register as witnesses, and their signatures will be an essential part of the marriage certificate. Therefore, it is important that the witnesses are present throughout the proceedings and are willing to fulfill their role. With their presence, your court marriage in Hyderabad will be legally binding and recognized by the authorities.

Frequently Asked Questions
What is the minimum age requirement for court marriage in Hyderabad?

The minimum age requirement for court marriage in Hyderabad is 21 years for males and 18 years for females. This ensures that both parties are legally eligible to enter into a marriage contract.

Are there any restrictions on the nationality or residency status of the individuals getting married in court?

There are no restrictions on the nationality or residency status of individuals getting married in court in Hyderabad.

Can a court marriage in Hyderabad be performed without the presence of both partners?

No, both partners must be present for a court marriage in Hyderabad. It is a legal requirement for both individuals to be physically present during the marriage ceremony.

Is there a waiting period after submitting the application to the Marriage Registrar before the marriage ceremony can be conducted?

No, there is no waiting period after submitting the application to the marriage registrar in Hyderabad. Once the application is approved, the marriage ceremony can be conducted without any further delay.

Are there any specific religious or cultural requirements that need to be fulfilled for a court marriage in Hyderabad?

No, there are no specific religious or cultural requirements that need to be fulfilled for a court marriage in Hyderabad. The court marriage procedure is secular and does not involve any such obligations.

Conclusion

In conclusion, the procedure for court marriage in Hyderabad involves several steps. Firstly, the couple needs to submit an application to the marriage registrar along with the required documents. These documents include proof of age, residence, and identity. Once the application is submitted, a notice of intended marriage is displayed at the office of the marriage registrar for 30 days. After the completion of this notice period, the marriage ceremony can be conducted at the office of the marriage registrar or any other place specified by the couple. During the ceremony, at least three witnesses need to be present.

Overall, the court marriage procedure in Hyderabad is a relatively straightforward process that ensures the legal recognition of the marriage. By following the necessary steps and providing the required documents, couples can formalize their marriage in a hassle-free manner. It is important for individuals planning to have a court marriage in Hyderabad to familiarize themselves with the specific requirements and guidelines set by the marriage registrar’s office to ensure a smooth and successful marriage registration.

Author: Lawtendo

Author Website: www.lawtendo.com  

About Author: Lawtendo is an intuitive online platform that makes it speedier and simpler to discover and contact the finest Attorneys in any city/court in India. We aim to simply help you find the right lawyer for you and your organization. We are helping individuals, corporates, Start-ups get legal services at exceptionally affordable prices and associating them with the “right lawyers” as per their requirements. With our ever-growing 4000+ lawyer networks with a meticulous background which is thoroughly checked, Case Managers to follow on the case till the end and highly assisted legal content contributed by experts. We can assure you to have a pleasant experience with us. We are committed to having our clients satisfied with the legal terms and issues to let them make an informed decision.

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