Rent Control – Eviction on bona fide requirement – Leave to defend – Revisional scope – Landlord–tenant relationship proved on better title – Tenant’s pleas of ownership and alternate accommodation found bald – No triable issue – ARC order upheld – Tenant directed to hand over premises by 21.09.2025 – Sections 14(1)(e), 25B & 25...
Civil Appeal – Money suit on promissory note – Presumption under Section 118 NI Act upheld – Defendant failed to rebut presumption – Appeal dismissed, trial court decree confirmed.
Promissory Note – Execution and Consideration – Ex.A.1 promissory note signed, thumb-marked, and stamped by defendant – Attesting witness (P.W.2) and scribe (P.W.3) supported...
Civil Procedure – Permanent Injunction – Ownership and Possession Dispute – Regular Second Appeal against concurrent findings of fact – Plaintiffs claimed ownership of plots 57, 58, 59 through sale deeds and sought injunction against defendants’ alleged attempt to carve passage – Trial Court dismissed suit, First Appellate Court partly decreed only portion BCEX ...
Motor Accident Claim – Appeal by Insurer – Award Sustained – Allegation of contributory negligence by deceased found baseless – Valid driving license not proved by Insurance Company – No breach of policy conditions established – Tribunal's award upheld [Paras 5–13].
Evidence – Driving Licence – Onus on Insurance Company – Held: Ins...
Civil Law - Substitution of Legal Representative – Will Executed by Deceased Plaintiff – Order 22 Rule 3 CPC – Substitution Allowed – Original plaintiff Munni Devi filed suit for declaration and partition claiming 1/3rd share – After her death, petitioner (her son) filed substitution application based on a will executed by her in his favour – Trial Court rejecte...
Civil Revision – Recording of Evidence at Residence – Appointment of Local Commissioner – Challenge Dismissed – Plaintiff, aged 84 years, sought recording of her evidence at home citing medical condition – Earlier similar application dismissed when health was stable – Fresh medical record showed supervised rest advised – Trial court allowed application und...
Recovery Suit – Negligence of Employee – Corporation Alleged Loss of Stocks and Excess Gunny Bags – Departmental Enquiry Established Liability – Trial Court Partly Decreed Suit – Lower Appellate Court Reversed on Ground of Limitation – In Second Appeal, High Court confined to issue of limitation [Paras 1-7, 11-15, 19].
Limitation – Cause of Action &ndas...
Banking Law - SARFAESI Proceedings – Loan Default and Auction – Challenge to Sale Notice – Stay and Set Aside – Respondent defaulted on loan repayment after mortgaging properties – After compromise failed, sale notices were issued and challenged – DRT initially granted stay, later refused extension – Ultimately, auction held, but set aside by DRT due to pr...
Consumer Law - Consumer Protection Act – Defective Car – Non-deployment of Airbags – Manufacturing Defect Established – Complainant purchased Toyota Innova in March 2011 – Vehicle suffered frontal collision in August 2011, airbags did not deploy – District Forum held inherent manufacturing defect, ordered replacement/refund with compensation – State Commis...
Civil Law – Order 8 Rule 1 CPC - Delay in Filing Written Statement – No Exceptional Circumstance Shown – Petition Dismissed – Petitioner served with summons on 19.12.2024 but failed to file written statement within 30 days or extended period of 90 days – Right to file written statement closed on 01.04.2025 – Application for recall and condonation dismissed by tr...