Partition Suit – Maintainability – Hindu Law – Son cannot sue for partition during lifetime of father-Karta without his consent – Principles laid down in Sitara Lal, Hari Kishen and Satish Narain reaffirmed – Suit filed by plaintiff-son against father-Karta held not maintainable [Paras 9-10].
Cause of Action – Bald pleadings – No particulars o...
Service Law – Regularization – Contractual Engagement – Outsourcing Policy – Petitioners engaged since 2011 under BKVY-DBSK project on yearly contractual basis sought regularization—State rejected claim citing project-based nature of posts and Finance Department’s directive to replace contract staff with outsourced manpower—Held: Mere labeling of posts as ...
Family Law – Divorce – Irretrievable Breakdown of Marriage – Parties living separately since April 2010 – Multiple litigations and failed reconciliation attempts – Held: Relationship has irretrievably broken down – No purpose in perpetuating a legally defunct marriage – Supreme Court exercises powers under Article 142 of the Constitution to dissolve the ma...
Co-operative Societies – Recovery Certificate – Section 101, Maharashtra Co-operative Societies Act, 1960 – Principles of Natural Justice – Petitioners denied disbursement of loan and alleged fabrication of loan documents by the Bank – Deputy Registrar issued recovery certificate under Section 101 without deliberating on specific defences raised by petitioners –...
Arbitration – Jurisdiction Challenge – Section 16 A&C Act – Arbitrator appointed with party consent under Section 11 – Petitioner raised preliminary objection claiming dispute was non-arbitrable as it involved dissolution and asset distribution of a firm "at will" – Held: The existence of an arbitration clause and disputed dissolution status made arbitra...
Property Law – Mutation – Supreme Court Judgment Recognizing Ownership – Municipal Records to Reflect Non-Thika Status – Writ Petition Allowed – Petitioner purchased property via registered deed and obtained amalgamation order – Property mutated in its favour in 2008 – Thika Controller later declared respondents’ predecessor as Thika tenants – ...
Tenancy Law – Eviction – Alternate Suitable Residence – Decree of eviction passed against tenant under Section 13(1)(l) of Bombay Rent Act – Tenant during pendency of suit acquired 2 BHK flat jointly with son – Held: Despite being joint ownership, tenant was financial contributor, helped in loan repayment, and suppressed fact during trial – Decree upheld as alte...
Money Laundering – Predicate Offence – Requirement of Scheduled Offence – Validity of Arrest under Section 19 PMLA – Petitioner challenged the arrest of her husband (MLA, Chitradurga Constituency) by the Enforcement Directorate (ED) pursuant to ECIR/BGZO/19/2025, contending absence of a valid predicate scheduled offence – ED relied on multiple FIRs (2011–2024) a...
Education Law – Society Dispute – Rival Church Factions – Management of educational institutions disputed between Church of North India (CNI) and Church of India, Pakistan, Burma and Ceylon (CIPBC) – Multiple writ petitions filed over two decades – High Court holds Registrar acted illegally in issuing directions despite status quo order – Rival claims regarding ...
Real Estate Regulation – Interest for Delay – Section 18(1)(a) RERA – Interest is Automatic – Tribunal justified in awarding interest for delay in possession without inquiry – Delay in possession admitted by promoter – Interest for period 01.01.2020 to 13.10.2022 rightly granted at MCLR + 1% – Held: Section 18(1)(a) is mandatory in nature and operates with...