Consumer Law – Flat Allotment Dispute – Execution of Agreement – MOFA – Supreme Court Upholds Alternate Flat Possession – Builder cancelled allotment despite part payment and failed to execute agreement – NCDRC directed execution with compensation, later apartment found alienated in violation of stay – Supreme Court allowed substitution with similar flat, ...
Arbitration Law - Statutory arbitration under SARFAESI Act - Scope of Section 11 – Statutory Arbitration Mandated – Interpretation of “any dispute relating to securitisation or reconstruction or non-payment” – Held: Section 11 of SARFAESI Act mandates arbitration for disputes between banks, financial institutions, ARCs, or qualified buyers where such disputes relate t...
Civil Writ - Land Transfer by Tribals – Validity of Rule 4(1)(a)(i), 1975 Rules – Challenge Dismissed – Petitioner challenged the prohibition on transfer of tribal land to non-tribals for agricultural use – High Court held that the restriction under Rule 4(1)(a)(i) requiring land to be used only for non-agricultural purposes post-transfer was constitutionally valid – ...
Civil Law - Title and Possession – Ownership Claim Based on Sale Deeds – Dismissal of Suit – Plaintiffs claimed ownership of 'B' schedule property as part of 'A' schedule property located in Sy. Nos. 28/1 and 28/2 – Trial Court found that western boundaries in the sale deeds consistently mentioned the existence of Makali-Yadalu road – Boundaries in sal...
Motor Accident Claim – Remarriage of Widow – Amendment Sought – Application Initially Dismissed – Revision Allowed – Petitioners in a motor accident claim sought amendment in written statement to plead remarriage of claimant-widow affecting her entitlement to compensation – Amendment denied by Tribunal – Held: Plea was supported by earlier cross-examinatio...
Pre-emption – Section 8 WBLR Act – Short Deposit of Consideration – Application Not Maintainable – Petitioners filed application to pre-empt land transferred by three sale deeds, but deposited only half of the total consideration—Held: As per statutory mandate and binding precedent, entire consideration with 10% must be deposited at the time of application—Failu...
Property Law - Matrimonial Property – Sale Deed Executed by Husband in Wife’s Favour – Not Benami – Husband contended that Ext.A1 Sale Deed executed in favour of wife was merely benami and intended to facilitate a loan—Court held: Deed supported by consideration of ₹40,000 paid by wife’s parents to discharge husband’s liabilities—Held genuine and v...
Motor Accident Claim – Rash and Negligent Driving – Eyewitness Testimony Upheld – Appeal Partly Allowed – The deceased, a government employee, fell from a moving bus due to sudden braking – Insurance company challenged the finding of rash driving citing lack of independent witnesses – Court upheld the testimony of PW3, co-worker of the deceased, corroborated by ...
Civil Law - Maharashtra Project Affected Persons (Rehabilitation) Act - Unregistered Sale Agreement – Applicability of Section 53A T.P. Act – No Protection to Possession – Defendant relied on an unregistered agreement to claim possession under Section 53A of the Transfer of Property Act – Held: Due to the statutory requirement of registration under Section 17(1-A) of the Re...
Civil Writ - Marriage Protection Petitions – Misuse of Judicial Process – Large-Scale Fraud Detected – The Court found that several petitions filed for police protection by runaway couples were based on forged certificates and fabricated identity documents – Noted that touts and unregistered institutions are exploiting court jurisdiction through manipulated filings – ...