Civil Law - Execution Proceedings – Attachment of Residential House – Section 60(c) CPC – Warrants Kept in Abeyance – Judgment debtor’s residential property earlier noted as exempt from attachment by Executing Court on 15.01.2025 – Subsequently, on 11.07.2025, same property ordered to be attached – Held: Once court had observed exemption, it could not revi...
Bann on Movie - Cinematograph Certification – Section 5A & 5B – Prima Facie Presumption – Interim Relief Rejected – Petitioner sought stay on release of film based on incident in which he is an accused, alleging prejudice to fair trial – Film certified by CBFC after 55 cuts, 5 additional voluntary cuts, and disclaimer replacement – Held: Once certification g...
Civil Law - Land Dispute – Co-sharer’s Alleged Encroachment – Division Bench dismissed appeal upholding Single Judge’s refusal to entertain writ petition and relegation of parties to civil court—Appellants alleged State constructed permanent structure exceeding gifted portion of Plot No. 117, infringing their share—Court held that in absence of partition by mete...
Civil Law - Specific Performance – Forged Settlement Agreement – Decree Set Aside – Alleged Fraudulent Compromise – The petitioner obtained a favorable decree from the Supreme Court in terms of an alleged settlement agreement dated 24.10.2024, resulting in the setting aside of concurrent findings by three lower courts dismissing a suit for specific performance – Respo...
Civil Law - Ex Parte Injunction – Mandatory Procedural Compliance – Order 39 Rule 3 CPC – Trial Court's Injunction Set Aside – The High Court set aside an ex parte injunction granted to the petitioner real estate company on the ground that there was no prima facie case, no claim to ownership or specific performance, and that the application did not comply with mandatory...
Civil Writ – Urban Planning & Civic Governance – Unauthorized Occupation Without OC – Massive municipal inaction – Public Safety Concerns – In a batch of petitions concerning a partly redeveloped building at Dadar, the Court found that 12 commercial shops and 2 first-floor premises were being illegally occupied for over a decade without an Occupation Certificate, ...
Limitation Law - Condonation of Delay – Section 5 Limitation Act – Delay of 247 Days Condoned with Costs – Petitioner claimed ignorance of first appellate court judgment due to non-intimation by counsel; stated that certified copy was obtained only after enquiry, and filing was delayed further due to illness – Respondents opposed citing lack of medical proof and insufficien...
Electricity Law - Electricity Undertaking Acquisition – Depreciation on Consumer-Funded Assets – Section 7-A(2) of Indian Electricity Act – Claim Rejected – The petitioner Board sought deduction of depreciation on works constructed at consumer/local body expense – Held: Such assets not funded by the licensee are excluded from book value for compensation; thus, depreci...
Civil Suit – Declaration & Injunction – Auction Purchase of Municipal Plot – High Court’s Reversal Set Aside – Appellant claimed ownership of plot No. 394 purchased in 1977 auction—Trial and first appellate courts decreed suit based on certified copies of auction records and adverse inference against municipal council for non-production of originals—Hi...
Civil Suit – Adverse Possession – Necessity of Pleadings – First Appellate Court’s Finding Set Aside – Plaintiffs sought declaration that sale deed was bogus and for injunction—Trial court dismissed suit; first appellate court decreed suit partly by accepting plea of adverse possession, holding title matured during pendency of suit—High Court found no such...