Civil Law - Limitation – Recovery of Possession – Article 65 of the Limitation Act – Suit Barred – Plaintiff filed suit in 2010 claiming recovery of possession based on title – Defendant relied on continuous possession since 1996 based on unregistered agreement of sale – Revenue records from 1997 supported defendant’s possession – Plaintiff admitted ...
Permanent Injunction – Tenant Holding Over – Section 116, Indian Evidence Act – Relief Denied - Plaintiff, a tenant under the Municipal Committee, sought permanent injunction claiming title after lease expiry – Trial Court dismissed the suit; First Appellate Court reversed – Held: Tenant estopped from denying landlord’s title under Section 116 during or after te...
Civil Law – Challenge to Transfer Deed on Grounds of Fraud – Validity of Declaratory Relief – Appeal Dismissed – Plaintiff Sansar Singh, paternal uncle of the defendants, filed suit for declaration and injunction claiming fraudulent transfer of his 1/3 share in joint property based on misrepresentation – Both Trial and First Appellate Courts held transfer deed dated 0...
Civil Law – Suit for Damages - Carrier’s Liability – Damage During Transit – Admitted Loss – Decree Upheld - Appellants (transporters) were held liable for damage to 171 packages of viscose fiber during shipment from Calcutta to Ludhiana – Defendants themselves admitted damage in Exhibit P3 – Held: Admission of damage and quantum sufficient to justify decr...
Civil Law – Declaration of Matrimonial Status – Sections 7 & 8, Family Courts Act – Jurisdiction – Appeal Allowed in Part – Plaintiff claimed declaration as second wife of late Mukesh Sharma – Trial court dismissed suit holding matrimonial status declaration lies exclusively within jurisdiction of Family Court – High Court upheld finding of lack ...
Tenancy Law – Personal bona fide requirement – Clause (g), Section 13(1), Bombay Rent Act – Liberal construction includes landlord’s dependent family – Eviction decree sustained – Landlords (a priestly family near a temple) proved insufficiency of existing premises and need for additional space for named family members; Trial Court erred by insisting those...
Motor Accident Claim – Compensation – Enhancement – Section 168, Motor Vehicles Act – Compensation Enhanced – Claimant, a 29-year-old labourer, suffered multiple injuries and 30% permanent disability in a road accident – MACT awarded ₹66,000/- with 6% interest – High Court held Tribunal erred in ignoring Disability Certificate issued by Medical Board &nd...
Civil Law - Partition Suit – Rejection of Plaint – Limitation and Misjoinder Grounds Rejected – Defendant sought rejection of plaint under Order 7 Rule 11 CPC citing limitation and non-joinder – Held: Suit for partition discloses cause of action; right to partition is a continuing cause of action – No plea of ouster or adverse possession by defendant – Hence, li...
Civil Writ - Minority Institution – Appointment Approval – Article 30 Protection – Approval Mandated – Petitioners appointed after advertisement, interviews, and panel preparation by Christian minority schools – DI rejected approval citing non-compliance with Notification No. 1314 – Held: Minority institutions protected under Article 30 have autonomy in staff ap...
Waqf Law - Maintainability of Writ Petition – Challenge to Waqf Tribunal Order – Articles 226 and 227 – Writ Petitions Held Maintainable - The petitioners questioned the legality of the Waqf Tribunal’s declaration of suit land as Waqf property – Objection raised by Opposite Parties that only a revision is maintainable under Section 83(9) of the Waqf Act – Held: ...