Civil Law – Impleadment – SCC Suit – Order I Rule 10 CPC – Lessees not necessary party – Petitioner-tenant sought to implead third-party lessees claiming rights under a registered lease deed – Revisional court remanded matter for fresh consideration – Held: Lease was time-bound and conditional with limited rights; right to prosecute and title remained with...
Contempt of Court – Interim Order – Alleged Disobedience – Interim order dated 12.05.2025 stayed applicant's attachment and disciplinary proceedings with liberty to Nagar Palika Parishad to initiate proceedings as per law – Opposite party withdrew attachment order and permitted fact-finding enquiry, resulting in lodging of FIR – Held: The enquiry was not a discipl...
Revenue Records – Mutation Dispute – Civil Court Jurisdiction – Writ Petition dismissed – Appellants (writ petitioners) claimed title through registered sale deeds executed in 1985 by original owner Meka Venkata Ram Mohan Appa Rao – 6th respondent (his sister) asserted rights based on unregistered Will dated 20.01.2014 and obtained mutation in her favour via ROR Appea...
Civil Procedure – Rejection of Plaint – Court Fee – Suit for Damages – Order 7 Rule 11 CPC – Plaintiff claimed damages of ₹2 crore in suit for malicious prosecution but affixed only nominal court fee of ₹100 claiming tentative valuation – Held: When a specific amount is claimed, even if termed “tentative,” ad valorem court fee is mandatory under ...
Second Appeal – Permanent Injunction – Tenant’s construction – Ownership and Landlordship – Res judicata plea – Suit shop purchased under registered sale deed of 1998 – Concurrent findings that plaintiff is owner/landlord (Sale Deed Ex.P2 proved; appellants failed to rebut) – Defendants’ own plea of “adverse possession” constitutes ...
Criminal Procedure – Cognizance – Summoning Order Must Reflect Application of Mind – Petitioner was arrayed as A2 solely because co-accused (A1) transferred alleged misappropriated FDR funds to his account – Magistrate’s order taking cognizance failed to provide any reasons or demonstrate application of mind – Held: Cognizance and summons order set aside and rem...
Criminal Law – Section 61(1)(a) of the Punjab Excise Act - Acquittal – Illegal Possession of Liquor – Compliance with Procedural Safeguards – Accused was acquitted by Trial Court in a case under Section 61(1)(a) of the Punjab Excise Act for alleged illegal possession and sale of country liquor – Trial Court found that the prosecution failed to comply with mandatory pr...
Company Law – Misfeasance proceedings under Section 542 of Companies Act – Non-executive nominee directors’ application for deletion at threshold rejected – Interim freezing orders vacated – Matter to proceed to trial [Paras 29–41].
Company Law – Fraudulent Conduct – Section 542 of Companies Act, 1956 – Interim Relief Partially Granted &ndas...
Railways Act, 1989 – Section 124-A – Untoward Incident – Strict Liability – Bona Fide Passenger – Compensation – Deceased allegedly fell from an overcrowded passenger train due to a sudden jerk and succumbed to injuries during treatment – Tribunal dismissed claim holding that deceased was not a bona fide passenger and the ticket recovered was fabricated &n...
Limitation – Condonation of Delay – State’s Appeal – Application under Section 5 of Limitation Act seeking condonation of 360-day delay in filing RSA – Explanation offered by State found vague, unsatisfactory and lacking bona fides – Court holds that law of limitation is founded on public policy and delay cannot be excused merely due to State's bureaucratic ...