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...
Land Acquisition – Repeated Challenge to Acquisition Proceedings – Section 4(1), Section 6(1), and Section 48(1) of the Land Acquisition Act – Writ Petition Dismissed with Exemplary Costs – The petitioners, legal representatives of original grantees, challenged the acquisition of 2 acres and 20 guntas of land granted in 1979, citing a purported Section 48(1) notification is...
Family Law - Custody of Minor – Section 6, 7 and 17 of the Guardians and Wards Act - Paramountcy of Welfare – Section 17 of Guardians and Wards Act – Custody Restored to Mother – In a dispute concerning custody of a 9-year-old minor, despite the personal law favouring custody to the father after seven years, the Court applied the welfare principle under Section 17 of the Ac...
Service Law - Retrenched Employees – Absorption under Rules of 1991 – Denied Due to Repeal – Claims Dismissed – Petitioners, ex-employees of U.P. Cement Corporation, claimed right to absorption citing 1991 Rules and Supreme Court’s ruling in Sunil Kumar Verma – Held: The 1991 Rules were rescinded by 2003 Rules and deemed rescinded retrospectively by Act of 2009 ...
Motor Accident Compensation – Continuation of Claim by Legal Heirs – Estate of Deceased – Compensation Enhanced - The deceased claimant suffered 100% disability from a motor vehicle accident and remained in a vegetative state for 19 years before death – Legal heirs substituted and pursued the claim – The Supreme Court reaffirmed the legal position that compensation cl...
Civil Recovery Suit – Mortgage Debt – Decree Execution – Equitable Settlement – Reduction of Dues - The respondent filed a civil suit to recover Rs.79,69,544/- against the original defendants based on a mortgage – The appellant, who purchased the mortgaged property during the pendency of the suit, was not impleaded – Suit was decreed and decree execution continu...
Motor Accident Compensation – Negligence and Identification of Vehicle – Section 166 of the Motor Vehicles Act – Compensation Restored – High Court erred in setting aside Tribunal’s award by disbelieving involvement of the offending vehicle based on delay in lodging FIR and inconsistency in eyewitness testimony – Supreme Court held that Murg report was registere...
Senior Advocate Designation – Suo Motu Power of High Courts – Section 16(2) of the Advocates Act – Validity of Suo Motu Designation Affirmed – Supreme Court upheld the power of the High Court to designate advocates suo motu as Senior Advocates under Section 16(2), observing that such designations were permissible under law and the Rules, 2019, as clarified in Indira Jaising...