Civil Law - Leasehold Mortgage – Consent of Lessor – Mortgage Without Prior Permission – Not Void – MIDC challenged DRAT order affirming validity of mortgage executed by lessee BI in favour of UBI without MIDC’s prior consent – Court held: Though mortgage was in breach of lease condition (Clause 2(t)), it was not void ab initio; MIDC had remedy under Clause 4 (r...
Family Law - Maintenance to Children – Section 125 Cr.P.C. – Quantum Justified – Petition Dismissed – The petitioner challenged the Family Court’s order awarding ₹3,000 per month to each of his three minor children, alleging the income assessment was incorrect – Held: Petitioner is an able-bodied labourer assessed to earn ₹17,000/month, while wife earns ₹8...
Civil Law - Sections 54, 58 and 60 of the Transfer of Property Act - Transfer of Property – Conditional Sale vs. Mortgage by Conditional Sale – Deed Interpreted as Absolute Sale – Deed dated 24.03.1953 executed by Bibi Akikul Nisa was challenged as a mortgage with right of redemption – Trial court and appellate court held deed to be an absolute sale with right to repurchase...
Civil Law - Specific Performance – Limitation – Amendment Cannot Cure Delay – Suit Dismissed - Appellant initially filed suit for injunction based on alleged agreement to sell dated 18.12.2000 – Later amended plaint in 2009 to seek specific performance – Defendant had denied agreement in 2001 – Court held limitation began from 21.12.2001 – Held: Amendment ...
Civil Law - Pleadings – Order 6 Rule 17, Code of Civil Procedure (CPC) - Amendment of Written Statement – Clarificatory Nature – Revision Dismissed – Defendant sought amendment to clarify stand on receipt of ₹12,50,000/- for his own share and to assert that receipt of ₹28,00,000/- was forged – Trial Court allowed amendment stating it was consistent with preliminar...
Civil Law - Rejection of Plaint – Order 7 Rule 11 CPC – Triable Issues Exist – Rejection Improper – High Court erroneously rejected the plaint holding that it disclosed no cause of action – Supreme Court held that revocation of power of attorney and dispute over subsequent sale deeds raised serious triable issues – Held: Rejection of plaint unwarranted at prelim...
Service Law - Organised Group-A Service Status – Full Recognition of CAPFs as OGAS – DoPT OM Binding – High Court Error – The Court clarified that its earlier decision in Harananda (2019) was not limited to NFFU but affirmed full OGAS status for CAPFs – Held: Once declared OGAS, CAPFs must be treated as such for all cadre matters – High Court's failure to co...
Constitutional Law – Public Interest Litigation – Heritage Site Modification – Chandigarh Administration challenged High Court orders directing construction of verandah in front of Court Room No. 1 and laying of green paver blocks for parking – High Court issued writs of mandamus emphasizing public utility and sustainable development – Supreme Court upheld both direct...
Service Law – Absorption of Employees – Right to Pension – Functional Integration – Absorbed Employees Entitled to Pension – Absorbed employees from dissolved electricity co-operative societies claimed parity in pension benefits with regular MPSEB employees – Supreme Court held that once absorbed, these employees are entitled to pension under MPSEB from date of ...
Writ - Designation of Senior Advocates – Validity of Indira Jaising Guidelines – Guidelines Partially Overruled – Supreme Court revisits framework laid down in Indira Jaising-1 and Indira Jaising-2 – Held: 100-point assessment and interview system found unworkable and subjective – Paragraph 73.7 of Indira Jaising-1 deleted – New rule-based regime to be framed by...