Hindu Law – Partition – Finality of Registered Partition – Reopening of Partition – Suit by widow and children of deceased coparcener – Challenge to registered partition deed and settlement deed executed during lifetime of deceased – Held: Partition once effected by free will and acted upon cannot be reopened unless fraud, coercion, misrepresentation or prejudic...
Land Acquisition – Railway Projects – Excess Compensation – Collusion Allegations – Scope of Setting Aside Awards – Award of compensation for land acquisition under Railways Act set aside by High Court on ground of excessive compensation and collusion between certain land owners and officials – Question whether such setting aside ipso facto nullifies awards of a...
Civil Law - Order V Rule 17 CPC – Defective service by affixation – Ex parte proceedings unsustainable – Defendant permitted to join proceedings must be allowed to file written statement under Order IX Rule 7 CPC – Article 227 interference warranted.
Civil Procedure – Service of Summons – Affixation – Order V Rule 17 CPC – Defendant proc...
Provident Fund – Nomination – Release of GPF Amount – Rule 33(ii) of GPF Rules, 1960 – Primacy of Nominee – Respondent claimed GPF amount of his deceased brother as the sole valid nominee – Central Administrative Tribunal directed release of GPF amount to respondent – High Court dismissed writ petition filed by Union of India – Held: Rule 33(ii) of t...
Civil Suit – Declaration of Title – Burden of Proof – Plaintiffs sought declaration of title and injunction claiming ancestral ownership over suit lands – Held: In a suit for declaration, plaintiffs must succeed on the strength of their own title and not on the weakness of the defendants’ case – Failure to prove title of ancestors fatal to claim [Paras 21-23, 54...
Motor Accident Compensation – Review of Appellate Judgment – Error Apparent on Face of Record – Review sought of judgment dated 27.07.2017 enhancing compensation marginally – Material evidence regarding employment and income of deceased driver overlooked by Tribunal as well as appellate court – Inquest report and salary certificate established regular government emplo...
Right to Information Act – Supply of Information – Cryptic Order by Information Commission – Petitioner sought information through multiple RTI applications – Appeals dismissed by State Information Commission on ground that information sought was repetitive – High Court, on examination of Annexure-1 series, found that complete information had not been furnished to the...
Civil Law – Amendment of Pleadings – Order VI Rule 17 CPC – Due Diligence Test – Scope and Applicability – Proviso to Order VI Rule 17 inserted by 2002 Amendment does not have universal application to every amendment sought after commencement of trial – Court holds that applicability of due diligence test depends on nature of amendment sought and surrounding cir...
of Parents – Gift Deed – Implied condition of care – Failure to provide basic amenities – Tribunal can infer condition from conduct and circumstances – Cancellation of gift deed upheld under Section 23, Maintenance and Welfare of Parents and Senior Citizens Act, 2007 – Writ interference declined.
Maintenance and Welfare of Parents and Senior Citizens Act, 200...
Motor Vehicles Act – First Appeal under Section 173 – Limited Scope of Interference – Insurer confined challenge only to findings on negligence – No challenge to quantum of compensation – High Court reiterates that findings of fact recorded by Claims Tribunal on appreciation of evidence cannot be interfered with unless perverse or based on no evidence [Paras 8–9...