Civil Law - Eviction Suit – Jurisdiction of Civil Court – Sections 5, 8, and 21 of the West Bengal Thika Tenancy Act, 2001 – Eviction Suit Dismissed – Plaintiffs sought eviction on grounds of default, nuisance, and reasonable requirement – Trial Court decreed eviction without considering statutory jurisdictional bar – Held: The civil court lacked subject-matter ...
Motor Accident Claim – Definition of Accident – Saree Entanglement Causing Fall – Death Held Accidental – Tribunal’s View Reversed - Deceased died due to saree getting entangled in rear wheel of insured motorcycle causing it to skid – Tribunal dismissed claim stating it wasn’t a motor accident – Held: Accident includes slipping or overturning of vehi...
Civil Law - Land Acquisition – Minority Educational Institution – Article 30(1A) of the Constitution – Colourable Exercise of Power – Acquisition Set Aside – The State, being constitutionally barred from directly acquiring the land of a linguistic minority school without a special law under Article 30(1A), entered into a compromise to acquire adjacent landowners&rsquo...
Civil Law - Injunction – Order 39 Rule 1 and 2 of CPC - Prima Facie Case – Co-sharer Rights – Injunction Denied – Lower appellate court granted interim injunction restraining petitioner from alienating suit land – Trial court had earlier rejected the injunction application – Held: Petitioner derived rights through a valid decree and registered Will from deceased...
Civil Law - Execution of Decree – Section 51, Order 21 Rule 32, Order 17 of the CPC - Inordinate Delay – Judicial Dereliction – Despite decree being passed in 2014 and confirmed in RSA in 2017, execution filed in 2015 remained unresolved till 2025 – Multiple extension requests filed by Executing Court citing administrative difficulties and State non-cooperation – Held...
Civil Law - Maintainability of Suit under Section 92 CPC – Nature of Suit Must be Representative – Leave Upheld – The appellant-society challenged the Delhi High Court’s order granting leave under Section 92 CPC to respondents for instituting a representative suit – The plaint included allegations of gross financial impropriety, misconduct by trustees, and misadminist...
Maintainability of Review – Distinction Between Article 226 and Section 482 CrPC – Review Maintainable - Writ petition filed under Article 226 r/w Section 482 CrPC was decided ex parte without issuing notice to accused – High Court subsequently dismissed review petition as not maintainable, holding it was filed under Section 482 – Held: Since the original writ invoked Artic...
Service Law – Recruitment Process – Cancellation of Earlier Notification – Fresh Notification Valid – The erstwhile AP-Transco had initiated a recruitment process in 2011-12 which could not be completed due to litigation over weightage marks – Upon bifurcation of the State, TS-Transco issued a fresh notification in 2017 for Sub-Engineer (Electrical) posts and cancelle...
Acquisition of Church Trust - Slum Rehabilitation – Preferential Right of Landowner – Acquisition Proceedings Vitiated – Supreme Court affirmed that private landowners retain a preferential right to redevelop slum rehabilitation areas – SRA must issue a specific notice-cum-invitation under Section 13 before initiating acquisition – In present case, no such notice was ...
Slum Rehabilitation – Preferential Rights of Landowner – Acquisition Quashed – Sections 3B(4)(e), 12(10), 13 and 14 of the Maharashtra Slums Act – Judgment affirms the preferential right of a landowner to redevelop land declared as a Slum Rehabilitation Area (SR Area) – Supreme Court upholds High Court’s decision to quash State acquisition of the land owned by I...