Civil Law - Specific Performance – Oral Agreement to Reconvey – Specific Performance Denied – Suit Dismissed – The plaintiffs sought enforcement of an alleged oral agreement to reconvey property allegedly transferred to the defendant to secure a business loan – The trial court disbelieved the oral agreement and upheld the sale deed as valid – Held: Oral agreemen...
Writ Petition – Maintainability – Alternate Remedy – Election Dispute – Appeal Lies under Section 38(4) – The petitioner challenged the maintainability of an election petition filed with delay, arguing that the ground of illness was fabricated – The High Court held that the proper remedy was to file an appeal before the District Judge as per Section 38(4) of the...
Civil Law - Negligence – Electrocution Death – Damages - Liability under Fatal Accidents Act – Appeal Allowed – The appellants, legal heirs of deceased Naresh Kumar, sought damages for his death caused by electrocution from a live electric wire on a pole, alleging negligence on part of the electricity board in maintaining safety of electric lines – The Trial Court gra...
Civil Law - Interim Injunction – Co-sharer’s Possession – No Exclusive Possession Shown – Revision Petition Dismissed – The petitioner filed a suit for permanent injunction claiming possession over agricultural land and sought interim injunction under Order 39 Rules 1 and 2 CPC to restrain defendants from raising construction – Both courts below dismissed the in...
Taxation Law - Income Tax Act - Faceless Reassessment – Legality of Notices Issued by Jurisdictional Assessing Officers Post 01.04.2021 – Reassessment Notices Quashed – The High Court allowed a batch of writ petitions challenging reassessment notices issued under Section 148 by Jurisdictional Assessing Officers after 01.04.2021 in cases assigned to Central Charges – Held: A...
Education Law - Admission and Eligibility – Change in Admission Criteria – Unclear Prospectus and Addendums – Appellant applied under the 2020 Prospectus and was granted provisional admission in M.Sc. Environmental Management based on merit – Subsequent addendums excluded private university graduates from eligibility, resulting in her candidature being rejected – Held...
Employment Law - Reservation of Municipal Wards – Rotation of SC/ST Seats – Rotation Not Mandatory – Appeal Allowed – The High Court reversed the order of the Writ Court which had quashed the reservation notification for municipal wards in Indore on grounds of failure to rotate reserved seats – Held: Rotation principle under Article 243T and Rules applies only to OBC ...
Civil Law - Property Ownership – Co-ownership Rights – Mandatory Injunction for Rectification of Records – Dismissal of Appeal – The appellant challenged concurrent findings of Trial Court and First Appellate Court which decreed mandatory injunction for rectification of municipal records to reinstate plaintiff’s name as co-owner – Supreme Court found the registe...
Civil Law – Declaration and Injunction Suit – Title not established – Appeal dismissed – The plaintiff-appellant sought a declaration claiming ownership over 5 kanals of land on the basis of a sale deed executed by her husband Gurlal Singh, but the lower courts dismissed the suit holding that Gurlal Singh’s ownership was limited to 1/4th share and there was no e...
Civil Law – Revision - Execution of Permanent Injunction Decree – Conversion into Mandatory Injunction – Impermissible – The Executing Court ordered demolition of a compound wall in execution of a permanent injunction decree without examining whether the wall was erected before or after the decree – Held: The Executing Court acted mechanically, without determining the...