Family Law – Divorce – Mental Cruelty – Suppression of medical condition – Divorce Decree Upheld – Respondent/husband alleged that appellant/wife suppressed her infertility prior to marriage and behaved cruelly with his family – Medical reports suggested difficulty in conception, not permanent infertility – Wife allegedly mocked husband’s responsibil...
Municipal Law – License Fees – Sections 244, 245, 386(2) MMC Act – Upheld – The Municipal Corporation has the legal authority to levy license fees for granting/renewing permissions for sky-signs, hoardings, and advertisements under Sections 244, 245, and 386(2) of the MMC Act – The contention that the Municipal Commissioner lacks authority to fix or enhance these fees...
Income-tax – Search and Seizure – Section 153C – Jurisdiction – Search conducted at petitioner’s residential premises pursuant to warrant under Section 132 – Statement recorded and panchanama drawn – Satisfaction note prepared treating petitioner as an “other person” – Held: Person whose premises are searched and from whom documents are s...
Accident Claim - Motor Vehicles Act – Compensation – Section 166 – Essential Ingredients – Claimants must establish (i) occurrence of accident (ii) involvement of offending vehicle and (iii) rash and negligent act – Mere proof of occurrence of accident insufficient to fasten liability – Failure to establish involvement of specific vehicle fatal to claim [Paras 8...
Arbitration Law – Enforcement of Foreign Award – Objections under Section 48 – Respondent challenged enforcement on grounds of limitation, absence of concluded contract and arbitration clause, and non-confirmation of award under Texas law – Held: Petition filed on 16.05.2024 not barred by limitation as period from 15.03.2020 to 28.02.2022 excluded due to COVID-19 – Li...
Civil Law - Specific Performance – Agreement of Sale – Proof of Execution – Plaintiff relied on agreement dated 26.09.2006 for sale consideration of Rs.6,00,000/- – Defendants contended agreement was concocted and created as security for hand loan of Rs.2,50,000/- – Property situated within Bengaluru city limits with guideline value exceeding Rs.23 lakhs in 2005 &ndas...
Civil Law – Written Statement – Signature Requirement – Right to Lead Evidence – Trial court denied defendant no.2 permission to lead evidence holding that written statement was unsigned – High Court noted that written statement was signed by defendant no.1 and accepted as written statement on behalf of all defendants by Original Side of High Court – Replication...
Hindu Marriage Act – Divorce – Cruelty – False Criminal Complaints – Decree Affirmed – Husband sought divorce under Section 13(1)(i-a) HMA alleging mental cruelty – Wife lodged complaint for dowry harassment and alleged second marriage after long lapse of time – All accused acquitted – Held: Lodging false and unsubstantiated criminal complaints and i...
Property Law – Declaration of Title – Burden of Proof – Plaintiff seeking declaration of title and mandatory injunction against defendant alleged to have encroached and constructed house – Held: In a suit for declaration, plaintiff must affirmatively prove her own title and also the title of her vendors – Failure to establish identity of property and boundaries fatal ...
Contract Law – Fraudulent Agreement – Sale of Vehicle under Hire Purchase – Void Contract – Plaintiff paid earnest money of Rs. 4,90,000/- under agreement dated 16.10.2012 for purchase of truck – Defendant represented that she had cleared substantial loan though outstanding dues existed – Agreement executed during subsistence of hire-purchase loan – Held: ...