Civil Law - Partition Suit – Married Daughter’s Succession Right – Hindu Succession Act Prevails – 1/3rd Share Granted - The appellant, daughter of the original propositus, filed a suit for partition claiming 1/3rd share in properties granted as occupancy rights – Trial Court dismissed the suit stating married daughter not a member of family under the Karnataka Land R...
Civil Law - Injunction Suit – Title Under Cloud – Suit for Bare Injunction Not Maintainable – The plaintiff sought an injunction based on a sale deed executed by an alleged attorney without producing the power of attorney – The defendants disputed title and possession – Held: Trial Court erred in granting injunction without verifying valid title – When title is ...
Tenancy Law - Tenancy Rights – Joint Tenancy and Devolution – Evidence of Co-Tenancy – Appeal Dismissed – Plaintiffs claimed exclusive tenancy through Noor Mohammed, suppressing prior co-tenancy of predecessors – Rent receipts and affidavits evidenced joint tenancy among heirs of original tenants Kopline and Maqbool – Held: Plaintiffs failed to establish exclusi...
Matrimonial Law - Transfer of Matrimonial Proceedings/Case – Grounds of Inconvenience and Financial Hardship – Application Rejected – The Applicant-wife sought transfer of divorce proceedings from Family Court, Pune to Kalamb citing health issues, distance, and financial constraints – Held: The Applicant had appeared in the Pune Court on several occasions, was represented b...
University Governance – Temporary Appointment of Vice-Chancellor – Section 13(7) of Technological University Act – Interpretation Affirmed – The Chancellor appointed temporary Vice-Chancellors “until further orders” – Supreme Court upheld High Court’s interpretation that such appointments cannot exceed six months and must conform to the statutory sch...
Civil Law – Corporate Insolvency Resolution Process (CIRP) – Return of Possession of Property – Section 14(1)(d) of the Insolvency and Bankruptcy Code, 2016 – Appeal Allowed – Appellants had advanced financial assistance to Nandini Impex Pvt Ltd (corporate debtor) secured through deposit of title deeds of property known as White House – On default, title deeds w...
Taxation Law - Section 32AB Deduction – Profits to be Determined as per Audited Accounts under Companies Act – Additional Sugarcane Price Paid After Year-End Not to be Deducted – The assessee claimed 20% deduction under Section 32AB based on profits shown in the audited Profit & Loss Account as per the Companies Act, without reducing the additional sugarcane price paid after ...
Service Law – Pension Entitlement – Resignation vs. Voluntary Retirement – Regulation 22 – Pension Denied - Resigned bank employee with over 35 years of service sought pension benefits under 1995 Pension Regulations – Supreme Court held resignation and voluntary retirement are distinct service termination modes – Regulation 22 lawfully excludes pension benefits ...
Electricity Act - Tariff Determination – Wind Energy Projects – Accelerated Depreciation – Separate Tariff Permitted – Wind energy producers who did not avail of accelerated depreciation under the Income Tax Act are entitled to seek case-specific tariff determination from the GERC despite having entered into PPAs with a fixed tariff meant for those availing such depreciatio...
Environmental Law - Powers of Pollution Control Boards – Scope of Sections 33A and 31A – Restitutionary vs Punitive Action – Held: Pollution Control Boards can impose compensatory or restitutionary damages or require bank guarantees under Sections 33A and 31A as an ex-ante measure – This power is distinct from the punitive penalties that can only be imposed via adjudication...