Negotiable Instruments – Presumption of Validity – Burden of Proof – Second Appeal Dismissed – Suit filed for recovery of ₹37,890/- based on a promissory note (Ex.A1) executed by the deceased borrower, Rasappa Gounder – Defendants, legal heirs of the deceased, denied execution and alleged forgery of the promissory note – Trial Court decreed the suit, holding t...
Adoption – Compliance with Sections 7 and 11 of the Hindu Adoption and Maintenance Act – Oral Adoption Proved – The appellant contended that the plaintiff was not validly adopted by Asha Ram, alleging non-compliance with Sections 7 and 11 of the Act – The Court held that the adoption was valid as Asha Ram's wife had predeceased the adoption, and there were no living son...
Service Law - Summary Security Force Court (SSFC) – Requirement of Immediate Action – Procedural Irregularities – Proceedings Held Invalid – The SSFC was convened 59 days after the alleged incident without any recorded justification for the urgency required under the BSF Act – SSFC should be convened only in cases of grave and imminent necessity – The delay in c...
Trade Mark Registration – Device Mark – Applicability of Section 9(1)(b) – Refusal by Registrar Set Aside – Petition filed against rejection of the petitioner’s device mark under Section 9(1)(b) of the Trade Marks Act, 1999—Held: A device mark must be examined as a whole—Registrar erred in isolating constituent elements of the mark instead of assessing its...
Matrimonial Dispute – Divorce – Cruelty – Prolonged Separation – Irretrievable Breakdown of Marriage – Divorce Upheld – The husband filed for divorce alleging cruelty and mental illness of the wife, whereas the wife countered with allegations of cruelty by the husband and his family – Both parties failed to establish their respective claims of cruelty with...
Income Tax – Search and Seizure – Section 153C Proceedings – Validity of Assessment Against Other Person – The Revenue initiated proceedings against the assessee under Section 153C without recording a satisfaction note in the file of the searched person – Held: Recording a satisfaction note by the Assessing Officer of the searched person is a sine qua non before invok...
Civil Law - Adverse Possession - Establishment of Ownership – Defendants claimed ownership through adverse possession since 1890 – Mutation No. 139 (1895-96) revealed possession transferred to defendants' predecessors based on an agreement to sell, but no registered sale deed was executed – Held: Long-standing possession by defendants (over 130 years) became adverse; earlier ...
Criminal Law - Income Tax Act – Prosecution for Late Filing of Returns – Compounding of Offences – Appellant delayed filing income tax returns for AY 2011-12 and AY 2013-14 – Show cause notices issued under Section 276CC of the Income Tax Act, 1961 – Appellant’s compounding application for AY 2011-12 allowed, but rejected for AY 2013-14 on the ground that it was...
Motor Accident Compensation – Enhancement of Compensation – Functional Disability – Future Prospects – Appellant, a 25-year-old labourer, suffered amputation of his right hand below the elbow due to an accident involving a thresher machine attached to a tractor driven negligently by Respondent No.2 – MACT awarded Rs.3,76,090/- considering 20% permanent disability and ...
Mutation – Will-Based Claim – Civil Suit Pending – Petitioner, relying on a will, sought mutation of his name in revenue records—Respondent No. 5 (petitioner's brother) challenged the mutation before the Assistant Commissioner, who dismissed the appeal citing a pending partition suit—Deputy Commissioner reversed this decision and directed restoration of the mother...