Civil Law - Succession Law – Revocation of Probate – Section 263 – Illustrative Scope – Division Bench held that the five explanations under Section 263 of the Indian Succession Act are illustrative and not exhaustive – Court emphasized that “just cause” is a flexible standard designed to empower courts to intervene in varied situations where revocation ma...
Family Law – Matrimonial Property – Return of Gold Ornaments – Entrustment and Misappropriation – Wife alleged entrustment of 75 sovereigns of gold ornaments to husband as trustee post-marriage – Husband denied, relying on compromise agreement (Ext. A2) admitting only 38½ sovereigns – Held: Ext. A2 genuine and voluntarily executed – Oral evidence an...
Writ Jurisdiction – Maintainability – Civil Suit Pending – Petitioner challenged the review order passed by Collector under Section 15 of the Punjab Land Revenue Act, 1887, concerning mutation of lease deed – Review application was filed after 25 years – Petitioner had already filed a civil suit questioning the legality of the same order dated 26.02.2008 – Held:...
Civil Procedure – Delay in Filing Written Statement – Striking Off Defence – Recall Allowed – Petitioner’s defence struck off under Order VIII Rule 1 CPC for failure to file written statement – Delay attributed to counsel’s engagement in municipal election work – Held: In non-commercial disputes, timeline under Order VIII Rule 1 CPC is directory and ...
Service Law – Writ - Paramilitary Discipline – Proportionality of Punishment – Section 11(1) CRPF Act – Dismissal Quashed – Petitioner, a long-serving constable, failed to report for second guard shift and did not immediately comply when roused – Misconduct held proved, but punishment of removal from service under a charge framed under Section 11(1) (minor misco...
Illegitimate Sons – Right to Maintenance – Mitakshara Law – Recognition of Status – Held entitled – Under Mitakshara law, illegitimate sons of a regenerate class father are entitled to maintenance throughout their lives in recognition of their status as family members, even though excluded from inheritance – The doctrine of “compassionate allowance” ...
Tenancy – Lease by Receiver – Section 106, Transfer of Property Act – Monthly tenancy inferred – Defendant’s father originally held land under Prodhan’s patta (1913) – Kabuliyat executed in 1924 before Receiver was inoperative – Rent payments in 1925 and 1926 accepted by Receiver on behalf of estate created fresh tenancy – Held: tenancy from mo...
Succession to the impartible Bodinaickanur Zamindari - Impartible Zamindari – Overall Succession Dispute – Mitakshara & Primogeniture – All Appeals Dismissed – Estate held to retain joint family character; widow’s claim to zamindari rejected; third branch (Rajaya) entitled to succeed by lineal primogeniture; Boothipuram held separate/self-acquired of Kandasami dev...
Hindu Succession – Stridhan of Unmarried Woman – Hindu Law of Inheritance (Amendment) Act, 1929 – Act Inapplicable to Female Propositus – Appeal Dismissed – Dispute over succession to Bhimabai’s estate; rival claims by sister’s sons (plaintiffs) and paternal uncle’s son by adoption (defendant no. 4) – Held: Even assuming the estate was non-wata...
Civil Writ - Article 226 – Interim Relief as Sole Relief – Not Permissible – The Orissa High Court declined to decide parties’ rights yet granted interim directions maintaining possession to bridge the Section 80 CPC notice period – Held: Article 226 cannot be used to grant interim relief as the only and final relief; interim orders can be made only in aid of, and anc...