Quick Capsule – Pension Scheme – LIC v. HIMUDA retirees – Contract concluded in 2008 with Trust Deed and disbursement of pension – Master Policy of 2010 cannot override agreed terms – LIC estopped from altering obligations – Appeals dismissed, widows’ petitions allowed, pension/family pension to be released [Paras 23–33].
Pension Scheme – Co...
Hyderabad Atiyat Inquiries Act – Succession to Atiyat Grants – Power of Attorney not valid basis for succession – Impugned order appointing Mutawalli quashed – Matter remanded for fresh inquiry [Paras 22–28].
Atiyat Grant – Succession by Inheritance – Power of Attorney Not Sufficient – Collector’s Order Quashed – Respondent No.4 was de...
Rent—Order 15-A CPC—Scope of deposit obligation—Fixation of rent disputed—Second eventuality under O.15-A attracted—Upon judicial fixation, tenant must deposit arrears computed on the fixed rent up to the date of fixation and continue to deposit future rent as it falls due—Trial Court’s provisional fixation at ₹20,000 p.m. with arrears ₹21,10,000 from ...
Specific Performance – Section 16(c) SRA – Subsequent Purchaser’s Right to Contest Readiness/Willingness – Remand Ordered – Trial Court decreed the suit; First Appellate Court affirmed without deciding Issue No.1 on plaintiffs’ readiness and willingness – Held: In light of Kadupugotla Varalakshmi, the plea of lack of readiness/willingness under Section 16(...
Agreement to sell (27.09.2005) – ₹15 lakh earnest – suit for double earnest – Money claim enforceable in personam; Clause 10 confers exclusive Amritsar jurisdiction – Panchkula court lacked jurisdiction – S.16(c) Specific Relief Act: purchaser failed to prove continuous readiness/financial capacity; NOC sought for nominees; no extension sought – Regular Second...
Banking Law - SARFAESI Act – Section 14 – Nature of Magistrate’s power – Ministerial vs. adjudicatory – Powers exercised by Chief Metropolitan Magistrate/District Magistrate under Section 14 are purely ministerial – Magistrate not required or empowered to adjudicate disputes between borrower, secured creditor, or third parties – Duty limited to assisting s...
Review Jurisdiction – Order 47 Rule 1 CPC – No Error Apparent – Review Dismissed – Review petition challenging the judgment dated 02.05.2025 in W.P.(C) No.28874 of 2023 on the ground that the Court relied on fabricated documents and failed to consider original records – Held: No error apparent on the face of the record – Petitioners failed to show new evidence o...
IBC – Section 9 Petition – Operational Debt Default – Admission of CIRP – Petitioner supplied goods worth over ₹6.81 crores, of which ₹1.91 crores remained unpaid despite demand notice – Respondent’s vague disputes and reliance on settlement agreement rejected – Held: Debt and default established, CIRP admitted, and moratorium declared [Paras 2-5, 9-15...
Arbitration – Patent Illegality – Section 34(2A) Arbitration Act – Award Set Aside – Arbitrator’s reliance on unregistered and unproven documents held perverse – Loan agreement and letter of security challenged as forged and unsupported by financial capacity – Arbitrator failed to examine evidentiary burden and applicable legal standards – Award suff...
Partition Suit – Final Decree based on Mediator’s Report Ignoring Preliminary Decree – Set Aside – Trial court wrongly ordered auction sale despite binding preliminary decree directing allotment of specific properties – Held: Final decree must conform to earlier confirmed directions [Paras 9–17].
Partition Suit – Final Decree Contradictory to Preliminar...