Civil Procedure Code – Order XLI Rule 5 – Stay of Execution – Unconditional Stay – “Sufficient Cause” – Deposit not Mandatory – High Court justified in granting unconditional stay of money decree where decree found egregiously perverse, procedurally infirm, and passed without valid service of summons – Practice of deposit under Order XLI Rule 5...
Arbitration – Appointment of Arbitrator – Bar of Limitation – Petition seeking appointment of arbitrator under Section 11(5) of Arbitration and Conciliation Act, 1996 dismissed as hopelessly barred by limitation – Claim based on alleged payments under a partnership agreement dated 20.09.2014 and property purchase on 04.05.2016 – Notice invoking arbitration issued only...
Execution of Decree – Abatement of Appeal – Decree Passed in Favour of Deceased Appellants – Nullity – Trial Court’s Decree Revived – Decree passed by First Appellate Court in favour of defendant Nos. 4 and 5 who had died prior to hearing and without substitution of legal heirs – Held: Decree a nullity as Order XXII Rule 6 CPC not attracted – Decree ...
Partition Suit – Validity of Release Deeds – Family Settlement – Fresh Preliminary Decree Passed – Challenge to concurrent findings of Trial Court and High Court upholding partition claim of plaintiffs – Appellants (LRs of Defendant No. 5) contended that plaintiffs’ brothers (Plaintiff No. 2 and Defendant No. 3) had relinquished their shares via registered relea...
Religious Endowment – Execution of Compromise Decree – Dispute between two sects of Kuruba community over custody of idols and performance of pooja to deity Lord Sangalappa Swamy – Compromise decree passed on 01.11.1933 provided for rotational pooja, joint trusteeship, and shared possession of idols and articles – Execution Petition filed in 2000 alleging non-compliance by ...
Tenancy Law - Rent Control – Eviction on Ground of Wilful Default – Lessee initially paid rent at Rs.33,000/- p.m. against landlord’s claim of Rs.48,000/- – Rent Controller fixed fair rent at Rs.2,43,600/- p.m. with effect from 01.02.2005 – Lessee neither sought nor obtained stay of fair rent order – Lessee continued paying lower amount despite finality of fair ...
Environmental Law – Protection of Delhi Ridge – Directions for Statutory Constitution and Functioning of DRMB – Supreme Court directs Ministry of Environment, Forest and Climate Change (MoEF&CC) to constitute the Delhi Ridge Management Board (DRMB) as a statutory body under Section 3(3) of the Environment (Protection) Act, 1986 – Earlier, DRMB functioned under court ord...
Land Acquisition – Employment in lieu of Acquired Land – No Statutory Right – Policy cannot override statute – Petitioner’s family land acquired in 1998 under the Land Acquisition Act, 1894; compensation paid at that time – Petitioner, born after acquisition, sought government employment in 2025 under a policy granting jobs to land-losers – Authorities and...
Tenancy Law - Lease Rent Demand – One-time Lease Rent – Delay in Payment – Petitioner deposited one-time lease rent equivalent to 11 annual instalments on 08.01.2007 in accordance with prevailing GNIDA policy – Lease rent was payable by 16.01.2007, and payment made on 08.01.2007 was within the stipulated period – Held: There was no default attracting penal consequence...
Hindu Law – Women’s Property – Section 14(1) Hindu Succession Act – Absolute Ownership – Bellamkonda Hanumayamma, widow of Veeraiah, possessed her husband’s estate from 1941 and executed registered gift deeds (Exs. B-9, B-16 to B-19) in 1983 in favour of her nieces (Putti Seetharavamma and sons). Held: She was in continuous possession for over four decades&mdash...