Matrimonial Dispute – Return of Gold Ornaments – Wife’s Claim Not Proved – Decree Set Aside – The wife alleged that 81 sovereigns of gold were misappropriated by the husband, including 75 sovereigns received at marriage – Held: Husband admitted only 22 sovereigns and produced documentary evidence (RC extract, receipts, account statements) proving jeep was purcha...
Religious Law - Religious Practice vs. Offering – Classification of 'Illam Nira' – Disputed Question of Fact – The petitioners contended that 'Illam Nira' is an age-old religious ritual whose sanctity would be compromised by shifting its venue – The respondents including the Tantri maintained that it is an annual offering, not part of core temple rituals &nd...
Civil Law - Title and Possession Dispute – Declaration and Injunction – Sections 34 and 38 of the Specific Relief Act – Plaintiffs’ Title Upheld – The appellant/1st defendant challenged the decree declaring plaintiffs’ title and injunction against defendants from creating encumbrance – Plaintiffs produced prior title deeds tracing ownership from 1950 onwar...
Civil Law - Partition Suit – Married Daughter’s Succession Right – Hindu Succession Act Prevails – 1/3rd Share Granted - The appellant, daughter of the original propositus, filed a suit for partition claiming 1/3rd share in properties granted as occupancy rights – Trial Court dismissed the suit stating married daughter not a member of family under the Karnataka Land R...
Civil Law - Injunction Suit – Title Under Cloud – Suit for Bare Injunction Not Maintainable – The plaintiff sought an injunction based on a sale deed executed by an alleged attorney without producing the power of attorney – The defendants disputed title and possession – Held: Trial Court erred in granting injunction without verifying valid title – When title is ...
Tenancy Law - Tenancy Rights – Joint Tenancy and Devolution – Evidence of Co-Tenancy – Appeal Dismissed – Plaintiffs claimed exclusive tenancy through Noor Mohammed, suppressing prior co-tenancy of predecessors – Rent receipts and affidavits evidenced joint tenancy among heirs of original tenants Kopline and Maqbool – Held: Plaintiffs failed to establish exclusi...
Matrimonial Law - Transfer of Matrimonial Proceedings/Case – Grounds of Inconvenience and Financial Hardship – Application Rejected – The Applicant-wife sought transfer of divorce proceedings from Family Court, Pune to Kalamb citing health issues, distance, and financial constraints – Held: The Applicant had appeared in the Pune Court on several occasions, was represented b...
University Governance – Temporary Appointment of Vice-Chancellor – Section 13(7) of Technological University Act – Interpretation Affirmed – The Chancellor appointed temporary Vice-Chancellors “until further orders” – Supreme Court upheld High Court’s interpretation that such appointments cannot exceed six months and must conform to the statutory sch...
Civil Law – Corporate Insolvency Resolution Process (CIRP) – Return of Possession of Property – Section 14(1)(d) of the Insolvency and Bankruptcy Code, 2016 – Appeal Allowed – Appellants had advanced financial assistance to Nandini Impex Pvt Ltd (corporate debtor) secured through deposit of title deeds of property known as White House – On default, title deeds w...
Taxation Law - Section 32AB Deduction – Profits to be Determined as per Audited Accounts under Companies Act – Additional Sugarcane Price Paid After Year-End Not to be Deducted – The assessee claimed 20% deduction under Section 32AB based on profits shown in the audited Profit & Loss Account as per the Companies Act, without reducing the additional sugarcane price paid after ...