Civil Law - Succession – Escheat Proceedings – Class-II Heirs under Hindu Succession Act – Validity of State Action – Escheat Declared Invalid - The State initiated escheat proceedings on the assumption that deceased Challa Venkataramana had no legal heirs – Plaintiff, as daughter of deceased’s paternal uncle, claimed entitlement under Class-II heirs – Cou...
Taxation Law - Income Tax – Interpretation of Agreement – Assessment Based on Receipts, Not Gross Bills – Appeal Dismissed - The assessee contended that 5% infrastructure fee should be computed on gross advertising bills; however, the agreement specified 5% of “total receipts” – The Court upheld the lower authorities’ view that only net receipts disclosed ...
Civil Law - Probate – Delay in Filing – Not Fatal – Continuous Right Doctrine Applied – Supreme Court precedents in Samir Kapoor and High Court ruling in Achin Ghosh followed – Delay of 19 years explained due to mutual compliance with Will terms and cause of action arising only after partition suit filed by daughters – Held: Probate is a legal sanction to perfor...
Civil Law - Will – Execution and Attestation – Section 63 of Succession Act – Probate Denied – The appellant sought probate of a registered Will executed by her husband—Probate Court found that only one attesting witness was examined, who failed to confirm the attestation by the second witness – Held: Proof of attestation by both witnesses required under Section...
Administrative Law – Policy Decision on FASTag – No Judicial Interference – PIL Dismissed – The petitioner challenged the government’s circulars mandating FASTag for toll payments and imposing double charges for non-FASTag users – Held: The decision to implement FASTag is a policy measure aimed at seamless traffic flow and cannot be interfered with unless it is ...
Arbitration Law - Arbitration Clause – Unilateral Termination Option – Clause Upheld – Appointment Directed - Clause allowing only the lender (Applicant) to opt out of arbitration upon becoming a SARFAESI beneficiary was challenged – Delhi High Court's Tata Capital ruling was distinguished as context-specific and not binding in Section 11 proceedings – Held: Exist...
Tenancy and Eviction – Oral Tenancy and Subsequent Default – Concurrent Eviction Orders Upheld – Petitioners entered land as tenants under original landlord and later continued under his wife and adopted son – Held: Default in rent payment and unauthorized sub-tenancy proved – Eviction ordered under Sections 12, 13 of A.P. Tenancy Act upheld [Paras 3–7, 15, 17]....
Criminal Law - Multiple Murders and Rape – Appeal Against Death Sentence - Conviction Based on Circumstantial Evidence – Conviction Affirmed – Appellant found guilty of murdering his wife and four children and raping his 12-year-old daughter – Conviction sustained based on last seen theory, motive, suspicious conduct, medical and scientific evidence including DNA confirmati...
Service Law - Seniority – Date of Appointment v. Date of Selection – Partial Relief Granted – Appellants participated in 2003 judicial service exam and were appointed after a High Court order in 2012 – Though appointed in 2013, they claimed seniority over later batches – Held: They cannot claim seniority over those appointed before 2nd May 2012 (date of HC order), but...
Service Law - Disability Pension – Presumption in Favour of Serviceman – Rules 5, 9 and 14 of 1982 Rules – Orders Set Aside - Supreme Court held that under the entitlement rules, a person entering service is presumed medically fit unless a disability is recorded at the time of joining – Any subsequent disability leading to discharge must be presumed attributable to or aggra...