Civil Procedure – Appointment of Local Commissioner – Discretion of Court – Revisional Jurisdiction – Application under Order 26 Rule 9 CPC for appointment of Local Commissioner to ascertain the age of a house dismissed by the trial court – Held: Trial court acted within its discretion, observing that the determination of the building’s age was irrelevant to the...
Civil Law - Second Appeal – Scope of High Court's Interference under Section 100 CPC – Reversal of Trial Court's Findings – Validity of Lower Appellate Court's Judgment – The High Court held that under Section 100 CPC, interference is permissible only if the findings of the first appellate court are manifestly perverse, based on inadmissible evidence, or contrar...
Civil Law - Specific Performance – Readiness and Willingness – Non-Compliance – Relief Denied - The agreement holder sought specific performance of a sale agreement executed in 1973 but issued a legal notice to the owners only in 1996, after a delay of 23 years. Readiness and willingness, being distinct and essential elements for seeking specific performance under Section 16(c) o...
Civil Law - Third Party Challenge to Consent Decree – Aggrieved Party – Scope of Leave to Appeal – Denial of Leave – The applicant sought leave to appeal against consent decrees under Section 96(1), CPC, alleging prejudice to his rights under an Agreement to Sell executed in his favor by the respondents. The court held that the applicant, being a holder of an unregistered A...
Civil Law – Recruitment Process – Validity of Application – Condition of PAP Certificate - Eligibility for Post of Supervisor (Women) – Advertisement dated 5th March 2010 required project-affected persons (PAP) to submit PAP certificates along with applications – Respondent No. 4 filed application without PAP certificate in her name and later submitted certificate aft...
Motor Accident Claim – Medical Expenses – Unreasonable Denial by Claims Tribunal – Enhancement Ordered – The Claims Tribunal had awarded only Rs.30,000/- as compensation for medical expenses despite the claimant submitting medical bills totaling Rs.1,08,385/- (Ex. A.9) – The Tribunal’s reduction was based on the assumption that treatment at a Government Hospital...
Writ - Service Law - Termination of Judicial Probationer – Principles of Article 311(2) – Violation of Natural Justice – Termination Quashed - The petitioner, a probationer in Haryana Civil Services (Judicial Branch), was terminated following allegations of misconduct based on a complaint by his former wife and the report of the Administrative Judge – No charge sheet was is...
Panchayat Law - Resignation of Upa-Sarpanch – Procedural Compliance under Section 34 and Rule 3 – Section 34(2) of the Maharashtra Village Panchayats Act mandates that a resignation by the Upa-Sarpanch must be submitted to the Sarpanch and acknowledged in Form II as prescribed under Rule 3 of the Bombay Village Panchayat (Delivery of Notice of Resignation) Rules, 1965 – Held: Fai...
Execution Proceedings - Service of Judgment Debtor – Substituted service under Order V Rule 20 CPC was ordered without recording satisfaction that the appellant (JD No. 2) was evading service – Decree-holder failed to provide correct addresses available in official documents – Held: Service of JD No. 2 was invalid, rendering subsequent ex parte proceedings unsustainable [Paras 9-...
Civil Law - Waqf Property – Partition Deed – Section 51 and Section 104A of the Waqf Act – Partition Deed Not Void – The petitioners challenged the 1956 partition deed as being in violation of Sections 51 and 104A of the Waqf Act, contending it constituted an impermissible transfer of Waqf property. The court held that the deed did not involve transfer, sale, or exchange of...