Civil Law – Specific Performance – Material Alteration in Agreement – Plaintiff sought specific performance based on a sale agreement allegedly including two properties – High Court found recitals relating to second property (Item No.2) were written in different ink, indicating material alteration – Held: Plaintiff must succeed on strength of own case – Document...
Tenancy Law - Eviction – Default in Rent – Bihar Buildings Act – Appeal Dismissed – Landlord sought eviction on ground of default and personal necessity – Trial Court dismissed suit – First Appellate Court decreed eviction for default – High Court affirmed – Supreme Court held tenant must strictly comply with statutory obligation to pay rent within p...
Recruitment to Primary Teacher Posts – Eligibility of B.Ed. Candidates – Appeal Dismissed – Advertisement required Teacher Training Certificate (TTC) as qualification – B.Ed. candidates claimed equivalence or higher qualification and relied on past practice of their appointment – Supreme Court held B.Ed. not prescribed in advertisement, nor equivalent to TTC – B...
Service Law – Dismissal without Enquiry – Appeal Partly Allowed – Probationary employee dismissed for alleged assault and misconduct – enquiry dispensed with under Rule 30 citing impracticability – Delhi High Court quashed dismissal holding reasons mala fide – Supreme Court held High Court erred in finding mala fides without specific pleadings or impleadment &nd...
Service Law – Suspension – Rule 10(2) CCS (CCA) Rules – Deemed Suspension – Validity – Employee detained beyond 48 hours deemed suspended by operation of law – Delhi High Court held such deemed suspension ends on release from detention – Held: Unsustainable – Rule 10(5)(a) & 10(5)(c) make clear that suspension, whether made or deemed, continues u...
Tenancy Law - Commercial Tenancy – Heritability – Delhi Rent Control Act – Civil Court Jurisdiction – Decree a Nullity – Civil court passed ejectment decree against heirs of tenant holding tenancy not heritable – Subsequently, Constitution Bench in Gian Devi Anand held commercial tenancy heritable – Held: Civil courts lacked inherent jurisdiction, as evict...
Civil Law - Appeals – Scope of Appellate Court Powers – Order 41 Rules 22 and 33 CPC – Cross-Objection Necessary – First Appellate Court erred in modifying conditional decree into absolute decree for specific performance in absence of cross-appeal or cross-objection by plaintiff – Decree partially against respondent had attained finality – Respondent not entitle...
Motor Vehicle Accident Claim – Transfer of Vehicle – Liability of Insurer – Sections 94, 95, 95(5), 97 and 103-A of Motor Vehicles Act, 1939 – Insurer Held Liable to Third Party – The deceased’s parents claimed compensation for death caused by negligent driving of motorcycle – Vehicle transferred without intimation to insurer under Section 103-A – Tr...
Tenancy Law - Rent Control – Default in Deposit of Rent – Section 13(4), Rajasthan Premises (Control of Rent & Eviction) Act – No Power of Court to Condoned Delay – Tenant failed to deposit arrears within prescribed time – Application under Section 5 of Limitation Act filed for condonation – Rajasthan High Court Full Bench held Limitation Act applicable and ...
Civil Law - Consolidation Proceedings – Claim of Encumbrancer – Sections 19 and 20, East Punjab Holdings Act – Trespasser Not an Encumbrancer – Appellant claimed possession of 5 biswas land on basis of his predecessor’s alleged trespass – Contended that presence in list of unauthorized occupants entitled him to allotment – Held: Encumbrancer under consolid...