Civil Writ Petition – Registration of Sale Deeds – Title Dispute – Refusal to Register Sale Deeds Upheld – Petitioners sought a writ of mandamus to compel Sub-Registrar to register sale deeds concerning flats constructed over disputed land – Respondents resisted registration citing pending civil suit over ownership and criminal investigation into alleged forgery of li...
Civil Writ – Service Law - Pension Entitlement – Daily Wager Service Prior to Regularization – Non-Consideration of Pre-Regularization Service – Dismissal of Writ – Petitioner, a Chowkidar in Gorakhpur Development Authority, sought inclusion of daily wage service from 1988 to 2010 towards pension qualifying service under the Retirement Rules, 2011—Held: As per R...
Service Law - Departmental Proceedings – Competence to Issue Charge-Sheet – Rule 14 CCS CCA Rules – No Prior Approval Needed – The respondent, a retired Sub Divisional Engineer in the Department of Telecommunications, challenged the departmental proceedings on the ground that the charge-sheets were issued by an authority competent only to impose minor penalties without appr...
Civil Writ - Delimitation Challenge – Article 14 – No Parity with Union Territory of J&K – Writ Petitions Dismissed – Petitioners challenged the exclusion of Andhra Pradesh and Telangana from delimitation under 2020 and 2021 Notifications, alleging arbitrary discrimination and violation of Section 26 of the AP Reorganisation Act – Supreme Court held that delimitat...
Civil Law - Partition Suit – Final Decree in Partition – Section 96, CPC and Orders 20 Rule 12 & 26 Rule 13 CPC – Appeal partly allowed – The appeal was filed by the defendant challenging the division of agricultural land and residential house finalized in a decree – The Court held that while the Commissioner’s report was overall valid, the irrigation facili...
Partition Suit – Succession Rights of Heirs of Nawab of Bhopal – Applicability of Personal Law vs. Merger Agreement – Judgment Set Aside – The plaintiffs claimed partition of private properties of Nawab Hamidullah Khan post his demise in 1960, asserting succession as per Muslim Personal Law – Trial Court dismissed suits relying on Allahabad High Court judgment (AIR 19...
Civil Law - Land Dispute – RDO Order Set Aside for Violation of Natural Justice – Remand Directed – In a batch of writ appeals and petitions concerning land in Survey Nos. 212/8 and 212/15 of Damineedu Village, the Court examined the legality of the Revenue Divisional Officer’s (RDO) order dated 09.06.2023, which was passed without notice to persons affected by an earlier T...
Arbitration Law - Arbitral Interim Relief – Remand of Section 17 Decision – Impugned Order Set Aside - The Arbitral Tribunal rejected interim relief to protect Atul’s rights under a development MoU citing termination, lack of clarity, and change in land use to NDZ – Held: Tribunal failed to consider material documents including the Oberoi MoU in full; findings were summary ...
Taxation Law - Municipal Property Tax – Mandatory Compliance with Procedural Safeguards – Sections 233 and 539 of the Kerala Municipality Act, 1994 read with the Kerala Municipality (Property Tax, Service Cess and Surcharge) Rules, 2011 – Demand Notices Quashed – The Court held that the demand notices issued by the Municipality for property tax arrears were vitiated for non...
Civil Law – Section 55 of the T.P. Act - Recovery of Sale Consideration – Sale Agreement vs. Sale Deeds – Appeal Dismissed – Plaintiff filed suit claiming balance consideration of ₹1.16 crores alleging that only ₹16 lakhs was paid under a sale agreement – Held: Plaintiff cannot rely on earlier agreement to contradict terms of registered sale deeds; as per Section ...