Matrimonial Law - Maintenance to Wife – Refusal Based on Decree for Restitution of Conjugal Rights – Decree Not Sufficient by Itself – The Family Court denied maintenance to the wife solely on the ground of her non-compliance with a decree of restitution of conjugal rights – Held: As per Apex Court precedent, mere existence of such decree is not sufficient to disentitle a w...
Income Tax – Quashing of Notices under Section 133(6) and 148 of the Income Tax Act – Petitioner challenged the issuance of notices under Section 133(6) and Section 148 of the Income Tax Act for Assessment Year (AY) 2020-21 – Petitioner argued that the income in question (sales commission of ₹14,58,004/-) had already been disclosed in his original income tax return, and a reply...
Motor Accident Claim – Functional Disability – Assessment Increased – Amputation of Right Leg – Compensation Enhanced - Appellant, a fruit seller, suffered right leg amputation following a vehicular accident – While the disability certificate assessed 50% physical disability, the Supreme Court, applying Raj Kumar v. Ajay Kumar, held that the functional disability impa...
Limitation under IBC – Strict Timeframe under Section 61(2) – Appeal Time-Barred – The Respondent No.1 filed an appeal along with a delay condonation application after 45 days from the NCLT’s approval of a resolution plan – NCLAT condoned the delay, holding that the limitation period expired on a Sunday and computing the 15-day condonable period thereafter – Hel...
Arbitration – Interim Injunction Against Encashment of Bank Guarantee – Section 9 of Arbitration Act – Interim Order Upheld - Appellants challenged High Court’s interim direction restraining invocation of bank guarantee, passed in a writ under Article 227 against refusal of ex parte relief by Commercial Court – Supreme Court declined to interfere, noting that no preju...
Civil Law - Tenancy Rights – Effect of Mortgage in Favour of Tenant – Section 25A of the Maharashtra Tenancy Act – Tenancy Upheld in Part - Petitioners proved tenancy rights over Gat Nos.28/1 to 28/4 by documentary evidence and admission in earlier civil suit – Held: Mortgage did not extinguish tenancy, it only suspended it temporarily under Section 25A – Petitioners ...
Wakf Property – Gazette Notification – Binding Nature on Third Parties – Inclusion Not Final – Appellants’ land was classified as Wakf property in a 1962 gazette without notice to them – High Court held that such notification under Wakf Act, 1954 is not binding on third-party purchasers – Appellants can file civil suit to challenge inclusion – Held: ...
Civil Law - Registration Act – Section 17(2)(vi) – Decree Based on Compromise or Admission – Registration Not Required – Trial court’s direction to register decrees from 1988 under Section 17(1)(e) of the Registration Act was set aside – Held: As the decrees were either based on compromise or admission and related to the suit property itself, they fall under the...
Matrimonial Law - Territorial Jurisdiction – Determination under Section 19 of the Hindu Marriage Act – Application under Order VII Rule 10 CPC Dismissed – Appellant claimed parties last resided in Faridabad, Haryana; Respondent claimed last matrimonial residence in Anand Parbat, New Delhi – Divorce petition filed in Delhi based on residence at Anand Parbat – Court fo...
Hindu Marriage – Irretrievable Breakdown of Marriage – Divorce Granted under Article 142 – Decree of Divorce Passed – Appellant-wife’s petition under Section 13 HMA was dismissed while respondent-husband’s Section 9 petition was allowed – Despite opposition, Supreme Court dissolved the marriage exercising Article 142 due to prolonged separation of over 12 ...