SARFAESI Act – Delay in Filing Securitisation Applications – Limitation Act Applicability – Section 17 Proceedings Are Original in Nature – DRT Has Jurisdiction to Condon Delay – Borrowers filed writ petitions challenging DRT orders rejecting their SAs for delay beyond 45 days – Petitioners argued that the DRT erred in holding that it lacked power to condone del...
Oral Gift (Hiba) – Validity under Mohammedan Law – Plaintiff claimed title over 10 acres via oral gift by her mother and inheritance to rest of the land – High Court reversed Trial Court’s finding on gift without cross-appeal – Held: Oral gift invalid as essential condition of delivery of possession not proved – No contemporaneous action like mutation or exclusi...
Income Tax – Charitable Trust – Accumulation of Income under Section 11(2) – Compliance – Petitioner Trust filed Form 10 electronically within time, stating accumulation purpose as “medical, educational and social relief to members of Zoroastrian community and conservation, maintenance and upkeep of properties” – Resolution dated 26/09/2018 passed by trust...
Service Law – Seniority – Inter-Commissionerate Transfer (ICT) – Deputation followed by absorption – Impact on Seniority – Held: An ICT transfer is to be treated as a deputation until formally absorbed – Seniority is to be reckoned only from date of absorption in the new Commissionerate, not from date of deputation/joining – High Court upheld the CAT&rsquo...
Tenancy Law - Eviction – Bona Fide Requirement & Misuse – East Punjab Urban Rent Restriction Act S.13 – Basement let for storage used as shop; misuse led to resumption order; landlords required basement for storage/general store; tenant’s objections of res judicata & alternative accommodation rejected – Eviction upheld; revision dismissed [Paras 7-20].
Chan...
SARFAESI Act – Civil Court Jurisdiction – Fraud Pleaded Without Details – Bar Under Section 34 Ignored – Trial Court Order Set Aside – Respondent-plaintiff filed civil suit challenging SARFAESI possession proceedings by alleging fraud in relinquishment deed – Trial court granted ex parte stay against possession without considering bar of jurisdiction under Secti...
Trademark Infringement – Interim Relief – Likelihood of Confusion – Modified Injunction – Appellant’s restaurant name "GULSHAN-E-KARIM" found to infringe respondent’s registered mark "KARIM" used since 1913 – Respondent held to have established prima facie case of infringement under Section 29(2)(b) of the Trade Marks Act – Use of...
Registration Law – Mutation Requirement for Sale Deeds – Subordinate Legislation – Constitutionality – Bihar Registration Rules, 2008 amended by adding sub-rules 19(xvii) and (xviii), requiring production of mutation (Jamabandi/Holding) certificate as a precondition for registration – Supreme Court held that the impugned sub-rules are ultra vires the rule-making power...
Stray Animal Menace – Implementation of ABC Rules, 2023 – Court examines compliance affidavits filed by States/UTs following prior orders – Amicus Curiae report reveals serious lapses in sterilisation, vaccination, and municipal preparedness – States/UTs directed to file additional affidavits detailing remedial steps – Registry to annex summary report as part of judic...
Gram Nyayalayas Act – Appeal Bar under Section 34(2)(b) – Valuation Below ₹1,000 – Exception for Questions of Law – Appeal Held Maintainable – Original suit filed in 2000 for cancellation of will valued at ₹200 – Transferred to Gram Nyayalaya under Section 16 – Gram Nyayalaya declared will void – Appeal filed before District Judge challenged by p...