Tenancy Law – Inheritability of Tenancy – Section 5 of Karnataka Rent Act – Eviction Confirmed – The petitioners, being legal representatives of the original tenant under a moolageni lease, contested the eviction ordered under Section 5 of the Karnataka Rent Act – Held: The tenancy rights under Section 5 devolve upon legal representatives only for a period of five yea...
Civil Writ - Challenging the suspension of authorization of Fair Price Shop – Violation of Control Order – Suspension Without Inquiry – Suspension Set Aside – Petitioner’s authorization to run Fair Price Shop No.0119013 was suspended by order dated 13.09.2024 – Respondents failed to complete the inquiry within 90 days as mandated by Clause (vii) of the Control O...
Civil Law - Partition Suit – Correction in Preliminary Decree – Sections 152, 153 CPC – Revision Petitions Dismissed – The petitioners challenged the trial court’s order allowing correction in the preliminary decree passed in 1985, whereby the property number in Schedule A was changed from “Plot No. 51” to “Plot No. 57”, Veer Nagar, Jain Colony...
Suo Moto PIL – Protection of Right to Food, Right to Health and Addressing Malnutrition, Obesity and Mental Health Issues – Sections 4, 5, 6 of the National Food Security Act, 2013 – Section 16 of the Food Safety and Standards Act, 2006 – Article 21 and 47 of the Constitution of India – Suo moto proceedings initiated to address alarming issues of malnutrition and obes...
Easement by Necessity – Right of Way – Mandatory and Prohibitory Injunction – Appeal against concurrent findings of trial and appellate courts, which decreed a mandatory injunction to set out a pathway for the plaintiff through the defendants' property. The court emphasized the essentials of easement by necessity under Section 13 of the Indian Easements Act, 1882, and upheld ...
Civil Law – Institution of Suit under Section 92 CPC – Orders Without Leave Held Void – Petitioners filed scheme suit alleging mismanagement of People’s Education Trust and sought interlocutory reliefs – District Court passed interim orders including formation of ad hoc committee – Held: Leave under Section 92 CPC is a jurisdictional prerequisite – Without...
Foreign Exchange Violation – Residency under Section 2(p) and 2(q) of FERA – Appeals Dismissed – The Appellants including three daughters of the Shroff family, their mother as legal heir of Kishor Shroff, and Sujay Trading Corporation Pvt. Ltd., challenged penalty orders passed by the Enforcement Directorate and confirmed by the Tribunal for purchase of shares in an Indian compan...
Civil Law – Suit for partition - Second Appeal – Scope of Interference – Section 100 CPC – Concurrent Findings Upheld – Plaintiff’s claim of joint possession and right to partition rejected by both Trial and Appellate Courts – High Court held it cannot re-appreciate evidence unless findings are perverse or contrary to law – Held: No perversity or ill...
Service Law - Seniority – Change of Local Body – Rules of 2018 Applicable – Petition Dismissed – Petitioner’s seniority was initially reckoned from 2003, but later revised to 2012 upon absorption into a different local body – Held: Under Rule 17(3) of the 2018 Rules, teachers absorbed in another local body are to be assigned seniority from date of joining in the...
Civil Writ - Medical Termination of Pregnancy – Direction for Termination on Medical Grounds – Appeal Allowed in Part – Appellants sought permission for termination of pregnancy beyond 24 weeks due to serious foetal abnormalities including Down Syndrome and cardiac defects – Medical Board reports supported substantial abnormalities – Single Judge allowed termination b...