Landlord and Tenant – Lease to Government – Assessment of Rent – Premises leased by plaintiff to Government for Taluk Office use – Plaintiff claimed rent at Rs. 1,58,890 based on PWD assessment – Defendant contended agreement to pay Rs. 1,00,000 per month subject to Government approval – Held: Plaintiff’s letter (Ex. B1) offering rent of Rs. 1,00,000 forms...
Civil Law - Ex-parte Decree – Order 9 Rule 13 CPC – Non-issuance of Ordinary Summons – Registered Post Service Questioned – Failure of Courts to Consider Mandatory Service Requirements – Presumption under Section 27 General Clauses Act Rebuttable – Limitation & Date of Knowledge Ignored – Orders Set Aside and Matter Remanded for Fresh Decision [Paras 1...
Land Acquisition – Compensation under National Highways Act – Applicability of First Schedule of 2013 Act – NHAI sought fresh clarification on applicability of RFCTLARR Act, 2013 – Court held that its earlier clarification dated 23.09.2022 already conclusively applied sub-clause 4.6(iii)(b) of 2017 Guidelines to the landowners – No further clarification warranted; par...
Accident Claim - Motor Vehicles Act – Driving Licence – Statutory Grace Period – Expired licence remains valid for 30 days under proviso to Section 14 – Licence expired on 04.06.2001; accident on 04.07.2001 within grace period – Driver legally licensed – No breach of policy conditions – Insurer not entitled to recovery rights – Tribunal’s award...
Civil Law - Order VII Rule 11(d) CPC – Rejection of Plaint – Suit by Public Trust – Mandatory Consent Under MPT Act – Plaintiffs’ own pleadings and annexed documents repeatedly describing Defendant as “trustee/permanent trustee/erstwhile trustee” held decisive – Suit for recovery of compensation for misuse of trust property by a trustee falls squarel...
Constitutional Law – Resignation by Legislator – Inaction by Chairman – Writ maintainable – Petitioner, a Member of the Andhra Pradesh Legislative Council, submitted resignation on 23.11.2024 – Chairman failed to act upon it for over nine months – Held: Under Article 190(3)(b) and Rule 190 of the Council Rules, the Chairman is duty-bound to verify only voluntari...
Electricity Law – Pilferage of Energy – Civil Liability – Criminal Acquittal – Clause 39.15 – Acquittal on benefit of doubt does not extinguish civil liability for pilferage – Recovery under APSEB (Recovery of Dues) Act and Section 52-A Revenue Recovery Act upheld – Limitation counts from final appellate criminal judgment – Writ petition dismissed wi...
Civil Law - Land Revenue – Mutation Proceedings – Natural Justice – Mutation Case Rejected Without Notice – Petitioners’ application for mutation rejected by Additional Tahasildar, Jatani on the ground of non-submission of original certified copy and non-appearance – Held: Record does not reveal issuance of notice to petitioners nor opportunity of hearing &ndash...
Service Law – Police Personnel – Corruption – Dismissal – ASI trapped for accepting bribe – Inquiry held valid – SP competent authority – Court affirms dismissal as justified under Rule 16.2 and Rule 16.40 PPR; length of service irrelevant when guilt of corruption established [Paras 6–8, 12–13].
Competent Authority – SP as Appointing &...
Civil Writ – Service Law - Family Pension – Determination of Marital Status – Service Records Prevail – Respondent consistently recorded as wife/nominee in employee’s service register for entire career – No objection raised by department during lifetime of employee – Held: Service records are decisive for pension entitlement; criminal court findings in 498...