SARFAESI Act – Possession without Proper Delegation – Violation of Section 14(1-A) – Possession by Additional Commissioner of Police without being an officer subordinate to the District Magistrate (ADM) – ADM's order delegating powers found beyond statutory limit – Held: Possession taken contrary to the SARFAESI Act and violative of Article 300A – Illegal po...
Civil Law – Injunction against ASI - Prohibited Area – Restriction on Use of Appellant’s Land – Section 20A of 1958 Act – The appellant’s land located within 100 meters of the Taj Mahal declared as prohibited area under Section 20A(1) – Court held that statutory restriction validly imposed under the Ancient Monuments Act – Appellant cannot claim inju...
Civil Law - Limitation for Specific Performance – No Fixed Date for Performance – Suit Within Time - The trial court dismissed the suit as time-barred under Article 54 of the Limitation Act, holding that the agreement stipulated execution of the sale deed within six months – The High Court found that the six-month period related only to the completion of construction and handing ...
Civil Law - Partition Suit – Genuineness of Will – Appellants (Defendants 1 to 3) challenged the decrees passed by the Trial Court and the High Court affirming 5/7th share in properties to the plaintiffs (Respondents 1 to 5) – Plaintiffs claimed partition and denial of Will’s validity – Defendants relied on an unregistered Will dated 06.04.1990 in their favor – ...
Service Law - Constitution of India – Article 311(2) – Termination of Judicial Officers – Probation Termination – Petitioners, Ms. Sarita Choudhary and Ms. Aditi Kumar Sharma, terminated from service under Rule 11(c) of the M.P. Judicial Service (Recruitment and Conditions of Service) Rules, 1994 – Administrative Committee and Full Court resolutions based termination ...
Family Law - Senior Citizens Act – Eviction of Son from Family Home – Claim of SelfAcquired Property – Dispute Pending – Eviction Refused – Appellantmother sought eviction of son Krishna Kumar alleging harassment – Tribunal allowed limited stay; Appellate Tribunal ordered eviction – Supreme Court found property was already transferred by deceased husband t...
Land Acquisition – Compensation – Circle Rates – Theory of Deduction Inapplicable under 2013 Act – Appellant challenged award of compensation based on circle rates notified under the Stamp Act – Supreme Court held: Section 26(1) of 2013 Act mandates highest of stamp value, average sale, or consent compensation – Collector’s discretion under Explanation 4 t...
Land Law - Urban Land Ceiling – Vesting and Possession – Requirement of Compliance with Section 10(5) and 10(6) of ULC Act – Validity of Possession through Panchnama – Repeal Act, 1999 – State's failure to establish actual possession – High Court's interference with Single Judge's finding unjustified.
Statutory Scheme – Vesting under Section...
Civil Law – Title Suit – Declaration and Possession – Appellants' claim over suit land based on court auction in 1970 followed by sale deed and continuous possession – Trial Court decreed in appellants' favour but High Court reversed citing lack of documentary proof of original assignment to Govindu – Supreme Court held appellants established continuous posses...
Civil Law - Land Dispute – Claim of Succession – Section 171 UPZA & LR Act – Relationship Not Established – Petitioner claimed inheritance rights over land previously held by Ruda Singh – Claimed to be nephew through maternal line – Court held: No reliable documentary or oral evidence was filed to establish familial relationship – Certificate from Gram...