Motor Vehicles Act, 1988 – Injury Claim – Enhancement of Compensation – Just Compensation – Reassessment by High Court – Claimant aged 62 years suffered permanent disability of 20% to whole body due to motor vehicle accident – Tribunal awarded compensation on lower side – High Court reassessed income on basis of minimum wages in absence of proof of actual ...
Tenancy Law – MTAL Act – Section 43 – Prohibited transfer – Jurisdictional fact of “transfer” – Agricultural land purchased by tenants under Section 32G – Unregistered Agreement for Sale executed with express condition of prior State permission – No permission obtained – Held: In absence of sanction and completion of sale, no transfer in ...
Mortgage – Power of Attorney – Scope of Authority – Invalid Mortgage – Suit filed for recovery of mortgage money on basis of mortgage deed executed by power agent – Power of attorney authorised borrowing only from private financiers or nationalised banks – Mortgage executed in favour of individual plaintiffs and consideration adjusted towards antecedent debts &n...
Civil Law - Partition Suit – Presumption of Valid Marriage – Evidence of Long Cohabitation – Appeal Dismissed - The plaintiffs claimed partition of ancestral properties as sons of the deceased Dasabovi from his first wife – Defendants denied the plaintiffs’ legitimacy and marriage between their mother and Dasabovi – The Trial Court dismissed the suit – The...
Income Tax – Reassessment – Second Reopening – Change of Opinion – Invalidity – Assessment for AY 2009–10 earlier reopened and completed under Sections 147/143(3) – Specific issue of interest-free loan received by assessee from closely held company examined – No addition made – Subsequent notice under Section 148 issued for same AY on same foun...
Service Law – Selection Process – Fair Price Shop Dealer – Allocation of Marks for Interview – Judicial Restraint on Finalisation of Selection – Non-est Selection – Notification issued inviting applications for appointment of Fair Price Shop dealer providing 50 marks for written test and 50 marks for oral interview – Appellant secured full marks in written...
Service Law – Recruitment – Reservation for Ex-Servicemen – Horizontal vs Vertical Reservation – Illegality in Applying Vertical Reservation – Recruitment notice dated 19.02.2014 issued by MCL for 303 posts of Security Guard – 24.5% reservation for Ex-Servicemen applied as a separate vertical category – Cut-off marks for ESM-General fixed substantially low...
Hindu Law – Adoption – Effect of Valid Adoption – Severance from Biological Family – Adopted Son Acquiring Exclusive Rights in Adoptive Mother’s Property – Plea of Joint Hindu Family Rejected – Once adoption is not challenged and stands valid, adopted son ceases to be member of biological family and cannot be treated as coparcener with biological father an...
Specific Performance – Proof of Agreement to Sell – Suspicious Circumstances – Plaintiff relied upon two Agreements to Sell dated 21.11.2005 and 16.12.2005 for same property, same parties, same consideration – No plausible explanation for execution of two agreements – Explanation that first was handwritten and second typed found unconvincing – Held: Multiple une...
Sports Law – Olympic Selection – Cross Country Skiing – Exclusion of Meritorious Athlete – Arbitrary Selection Process – Petitioner, top-ranked Indian athlete as per FIS points list dated 19.01.2026, excluded from Olympic consideration on ground of non-participation in World Championship – Held: FIS Qualification System prescribes exhaustive, objective, points-b...