Property Law – Agreement to Sell – Transfer of Property Act, 1882 – Whether agreement to sell executed during lifetime of deceased transfers ownership – Held: No – Agreement to sell does not create interest or title in immovable property; ownership transfers only upon execution and registration of sale deed – As no conveyance existed during lifetime, the propert...
Civil Procedure Code – Order 7 Rule 11(d) – Limitation – Mutation proceedings – Possession based on title – Suit for declaration and possession not ex facie barred where mutation proceedings culminated in 2017 and suit filed within three years – Limitation for possession 12 years under Article 65 – Declaratory right continuing – Rejection of plaint u...
Service Law – Departmental Enquiry – Proof of Charges – TTE dismissed for alleged demand of illegal gratification and possession of excess cash – Primary complainant not examined and his written statement relied upon without opportunity for cross-examination – Other complainants did not support prosecution version – Held: Non-examination of key witness and contr...
Commercial Courts Act, 2015 – S.12A – Urgent interim relief – IP infringement – Delay per se does not negate urgency where infringement is continuing – High Court orders rejecting plaint set aside – Suit restored to be decided on merits [Paras 20-26, 27-28]
Commercial Law – Pre-Institution Mediation – Section 12A – Meaning of “contempl...
Territorial Jurisdiction – Writ Petition against TDSAT Order – Maintainability – Karnataka High Court lacks jurisdiction – Petitioners challenged execution order dated 01.09.2022 passed by TDSAT, New Delhi, under Article 226 – Petitioners contended that since notices for personal appearance were served in Bengaluru, Karnataka High Court had jurisdiction – Held: ...
Property Law – Injunction – Auction Sale – Challenge to possession – Appellants (legal heirs of original plaintiff) sought permanent injunction against Town Municipal Council (TMC) from interfering with their possession over suit properties – Plaintiffs originally filed suit for declaration of title, injunction and mutation of names in revenue records, but later restr...
Goods and Services Tax – Cancellation of Registration – Non-filing of Returns – GST registration of petitioner cancelled under Section 29(2)(c) of the CGST Act due to failure to file returns for six months – Petitioners contended they were unaware of the online procedure and could not respond to the show cause notice – Registration cancelled ex parte without assigning...
Civil Liability – Damages - Negligence by Licensing Authority – Non-issuance of Duplicate License – Driver prevented from duty – Appellant, a permanent DTC driver, lost his license in 1996; MLO refused duplicate citing expiry, though DTC records showed validity till 20.12.1996 – Civil Judge in earlier suit (2002) directed issuance of duplicate license, confirming vali...
Motor Accident Claim – Delay in FIR – Not Fatal – FIR in the present case was lodged ten days after the accident – Held: Delay in FIR cannot by itself be a ground to reject claim – Human priorities in medical emergencies or last rites are valid reasons for delay – Reliance placed on Ravi v. Badrinarayan (2011) 4 SCC 693 [Paras 7, 10, 15]
Negligence – Ey...
Taxation Law - Income Tax – Assessment Order – Principles of Natural Justice – Writ Petition challenging assessment order under Section 143(3) read with Section 144B for A.Y. 2023–24 – Addition of ₹2.15 crores towards bogus purchases made without considering supplier’s detailed reply to notice under Section 133(6) confirming transaction and submitting supporti...