Civil Law – Declaration of Matrimonial Status – Sections 7 & 8, Family Courts Act – Jurisdiction – Appeal Allowed in Part – Plaintiff claimed declaration as second wife of late Mukesh Sharma – Trial court dismissed suit holding matrimonial status declaration lies exclusively within jurisdiction of Family Court – High Court upheld finding of lack ...
Civil Law – Suit for Damages - Carrier’s Liability – Damage During Transit – Admitted Loss – Decree Upheld - Appellants (transporters) were held liable for damage to 171 packages of viscose fiber during shipment from Calcutta to Ludhiana – Defendants themselves admitted damage in Exhibit P3 – Held: Admission of damage and quantum sufficient to justify decr...
Civil Law – Challenge to Transfer Deed on Grounds of Fraud – Validity of Declaratory Relief – Appeal Dismissed – Plaintiff Sansar Singh, paternal uncle of the defendants, filed suit for declaration and injunction claiming fraudulent transfer of his 1/3 share in joint property based on misrepresentation – Both Trial and First Appellate Courts held transfer deed dated 0...
Permanent Injunction – Tenant Holding Over – Section 116, Indian Evidence Act – Relief Denied - Plaintiff, a tenant under the Municipal Committee, sought permanent injunction claiming title after lease expiry – Trial Court dismissed the suit; First Appellate Court reversed – Held: Tenant estopped from denying landlord’s title under Section 116 during or after te...
Civil Law - Limitation – Recovery of Possession – Article 65 of the Limitation Act – Suit Barred – Plaintiff filed suit in 2010 claiming recovery of possession based on title – Defendant relied on continuous possession since 1996 based on unregistered agreement of sale – Revenue records from 1997 supported defendant’s possession – Plaintiff admitted ...
Tender Process – Allegation of Cartelisation – No Illegality Proven – Contract Upheld – The writ petition challenged the award of a work contract to Taibin Warjri on grounds that all other bidders had quoted the same price and colluded to back out, leaving the field open – The Single Judge found the process non-transparent and ordered a fresh tender – The Divisi...
Company Law – Transfer of Assets During Pendency of Winding-Up Proceedings – Section 536(2) & 537(1)(b) of the Companies Act, 1956 – Transfer Held Void – The applicant entered into a registered sale deed on 03.01.2018 for a property belonging to the 1st respondent company after the presentation of a winding-up petition on 20.11.2015 but before the order for winding-up d...
Waqf Law - Maintainability of Writ Petition – Challenge to Waqf Tribunal Order – Articles 226 and 227 – Writ Petitions Held Maintainable - The petitioners questioned the legality of the Waqf Tribunal’s declaration of suit land as Waqf property – Objection raised by Opposite Parties that only a revision is maintainable under Section 83(9) of the Waqf Act – Held: ...
Civil Writ - Minority Institution – Appointment Approval – Article 30 Protection – Approval Mandated – Petitioners appointed after advertisement, interviews, and panel preparation by Christian minority schools – DI rejected approval citing non-compliance with Notification No. 1314 – Held: Minority institutions protected under Article 30 have autonomy in staff ap...
Civil Law - Commission Report – Re-inspection of Property – Order XXVI Rule 9 CPC – Remand Ordered – Petitioners (defendants) challenged Trial Court’s rejection of their request to re-entrust commission to Advocate-Commissioner to measure suit schedule property – Trial Court held re-entrustment impermissible as objections to commission report already filed &ndas...