Civil Writ - Registration of Deed – Oral Refusal by Sub-Registrar – Section 71 of the Registration Act, 1908 – Illegal – Sub-Registrar cannot orally refuse to receive document for registration – Must receive and either register or pass a reasoned refusal order – Oral refusal set aside [Paras 3-4].
Co-owner’s Right to Alienate – Section 44 of the T...
Civil Writ - Illegal Migrant - Foreigners’ Tribunal – Burden of Proof – Section 2(a) of the Foreigners Act, 1946 – Declaration as Foreigner Upheld – Petitioner failed to establish linkage with projected parents through sale deed, jamabandi, and electoral rolls – Tribunal held evidence unreliable and inadmissible – High Court upheld Tribunal’s view, h...
Partition – family settlement (13.12.2003) upheld as binding despite missing “original” – adverse inference for non-examined defendant – preliminary decree for partition and injunction granted; appeals allowed
Partition – Family Settlement – Exhibit A1 Treated as Original – Preliminary Decree Passed – Plaintiffs relied on Exh.A1 family settl...
Income Tax Act, 1961 – Ss.148 & 282 – reassessment notice sent by speed post (not registered post) without affixation – presumption of service u/s 27 GCA inapplicable – strict compliance mandatory – ITAT order set aside, reassessment quashed.
Income Tax – Reassessment – Service of Notice – Speed Post Not Equivalent to Registered Post – A...
Matrimonial Law – Civil Revision - Interim Maintenance – Section 24 of the Hindu Marriage Act – Maintenance to Wife Set Aside – The petitioner-husband challenged the Family Court’s order directing him to pay ₹30,000/- per month each to his wife and son – While not disputing maintenance to the son, the petitioner contended that the wife was financially self-suf...
Service Law – Regularization of Quasi Employees – No Employer-Employee Relationship – Writ Dismissed – Petitioners claimed employment under a non-statutory recognized canteen and sought regularization – Court held no valid agreement existed under Para 2833 of IREM, no supervision or control by Railway – Tribunal rightly held that no employer-employee relationshi...
Divorce – Cruelty – Section 13(1)(ia), Hindu Marriage Act – Wife alleged persistent dowry demands, misappropriation of jewellery, repeated assaults including a violent incident on 08.03.2013, and continuous humiliation – Evidence of wife and her father supported allegations – Respondent did not produce any witness or document – Held: Conduct caused grave mental ...
Child Custody – Direction to Produce Child – Writ of Habeas Corpus – Contempt of Court Established – The respondent failed to comply with the High Court’s order dated 12.04.2019 in W.P. No. 47795 of 2018, which required her to produce the minor child before the Family Court at Tirupati – Held: Non-compliance constitutes willful disobedience – Subsequent de...
Matrimonial Law - Maintenance – Section 24 of the Hindu Marriage Act – Appeal partly allowed – Family Court granted Rs. 35,000/- per month for child but denied wife’s maintenance – Held: Object of Section 24 HMA is not mere subsistence but to ensure parity of lifestyle between spouses during litigation – Wife earning Rs. 1,25,000/- per month does not disentitle ...
Civil Law - Partition Suit – Validity of Family Settlement – Registration Not Required – Partition Upheld – The Appellants contended that the Family Settlement was superseded by a Builders’ Agreement and required registration – Court held that the Memorandum of Family Settlement merely delineated enjoyment rights and did not create or extinguish any rights in im...