Matrimonial Law – Divorce – Cruelty – Section 10(1)(x) of Divorce Act – Standard of cruelty uniform under all personal laws – Ill-treatment of husband’s children and attempt to commit suicide by wife constitute mental cruelty – Divorce decree confirmed – Maintenance enhanced to ₹15,000/- per month considering husband’s income abroad [Paras 10...
Civil Law - Execution Proceedings – Stay Pending Application to Set Aside Ex-Parte Decree – Article 227 – Order 21 Rule 26 CPC – Executing Court’s refusal upheld – Court reiterated that ex-parte decree remains valid and enforceable until set aside – Application for stay must be made before the Court where proceedings under Order 9 Rule 13 are pending &ndas...
Service Law – Pension Recovery – Excess Payment – Recovery Barred – Petitioner, a widow, subjected to deduction of family pension for alleged excess payment between 2008 and 2019 – No fraud, misrepresentation, or connivance on her part; excess caused by systemic lapse – Held: Recovery from retired employees or widows impermissible as per Supreme Court ruling in ...
Income Tax – TDS Credit – Non-reflection in Form 26AS – Refund entitlement – Petitioner, a cooperative society exempt under Section 80P, sought refund of TDS deducted for A.Y. 2009–10 to 2015–16 – Department refused refund citing mismatch with Form 26AS – Held: Once assessee furnishes Form 16A evidencing deduction, Assessing Officer must verify and g...
Civil Law – Partition - Assigned Lands – Transfer Validity – Applicability of A.P. Assigned Lands (Prohibition of Transfers) Act, 1977 – Partition Suit – Adverse Possession – Limitation – Appeal Allowed – Sale of land in 1964 challenged by plaintiffs on ground it violated provisions of the 1977 Assigned Lands Act – Trial court held sale void un...
Scheduled Tribe Certificate – Jurisdiction of Sub-Divisional Officer – Act of 2000 – Petitioners challenged rejection of their applications for Scheduled Tribe certificates by SDO and Caste Scrutiny Committee – Held: Under Section 4 of the Maharashtra Caste Certificate Act, 2000, SDO is only empowered to issue caste certificates, not adjudicate their validity – Scruti...
SARFAESI Act – Post-13(4) Challenge – Scope of DRT’s Jurisdiction – Borrower’s Right to Challenge – Held: DRT has jurisdiction to examine not just the legality of action under Section 13(4) but also subsequent measures, including sale of secured assets – Tribunal empowered under Section 17(3) to declare bank’s actions invalid and restore possession t...
Civil Law - Agency – Scope of Authority – Commission Note – Authority to Conclude Sale – Construed broadly – The commission note authorised the broker to “negotiate the sale” and “secure a buyer” with stipulations of title being free of encumbrances and good title – Held: Such language implied authority to conclude a binding contract of s...
Civil Law - Transfer of Property – Part Performance – Section 53-A TPA – Unregistered lease agreement – Defence upheld – A permanent lease was negotiated between the Talukdari Settlement Officer (with Government sanction) and the predecessor of the defendant; though no formal registered lease was executed, the offer and acceptance were in writings signed by the partie...
Company Law – Section 105-C – Further issue within authorised capital – Bona fides – Appeal dismissed – Directors resolved on 21.02.1945 to issue 4,596 shares at premium and offered them pro rata to members on the register in the ratio 4:5 – Challenge that the issue was mala fide to retain control and that Section 105-C was contravened – Held: Section 105-...