Property Law – Usufructuary Mortgage – Automatic Redemption Under MPLRC – Dispute over agricultural land given as security for a loan—Appellant claimed continued possession based on mortgage deed—High Court held: Under Section 165(2)(b) of MPLRC, a usufructuary mortgage cannot exceed six years and is deemed redeemed by law upon expiry—Respondent (plaintiff) enti...
Service Law – Project Affected Persons (PAP) – Delay and Laches – Claim Barred – Petitioner sought employment as a PAP based on land acquisition affecting his family – Initially employed on daily wages in 1993 and removed the same year – Request for reinstatement rejected in 1997 and reaffirmed in 2002 – Petitioner filed writ petition in 2024 – High ...
Matrimonial Law – Divorce – Cruelty and Desertion – Burden of Proof on Petitioner – Appellant sought divorce under Section 10(1)(ix) & (x) of the Indian Divorce Act, 1869, alleging that the respondent-wife left the matrimonial home, subjected him to cruelty, and filed false complaints – Respondent denied allegations, stating that the appellant was living with anot...
Administrative Law – Judicial Review – Rejection of Fortified Rice Kernels (FRK) – Standard Operating Procedure (SOP) Compliance – Petitioners, rice millers supplying Fortified Rice under the Public Distribution System (PDS), challenged the rejection of their deliveries due to alleged failure in blending ratio – Government conducted surprise inspections and found stoc...
Motor Accident Claims – Fraudulent Claims – Fabrication of Accident Story – Compensation Award Set Aside – Claimant sought compensation for the death of her husband, alleging he was a pillion rider on a motorcycle that met with an accident – Investigation revealed that the deceased had actually fallen from his own motorcycle due to dizziness – High Court held: C...
Company Law – Liquidation – Possession of Leased Premises – Official Liquidator Cannot Retain Premises Unnecessarily – Applicants, as landlords, sought possession of flats leased to Surendra Engineering Corporation Ltd., a company in liquidation – Official Liquidator claimed necessity for storage of company records – High Court held: Monthly tenancy does not for...
Criminal Law – Quashing of Summons - CBI Jurisdiction – Power to Investigate Non-PC Act Offences – The petitioner challenged the CBI's authority to continue investigating and filing a charge sheet after PC Act offences were dropped – The Court held that the CBI could continue investigating and submit a final report before the jurisdictional magistrate if non-PC Act offe...
Tax Law – CGST – Jurisdiction of Issuing Officer – Challenge to Show Cause Notice – The petitioner assailed the show cause notice issued under Section 74 of the CGST Act, alleging lack of jurisdiction, as the supply and taxation involved multiple states beyond Chandigarh – Held: The officer at Chandigarh has jurisdiction to issue the show cause notice even concerning ...
Civil Law – Registered Sale Deed – Fraud Allegations – Appellant (plaintiff) sought to challenge two sale deeds (Nos. 518 and 519) executed by Pritam Singh in favor of defendant No.1, alleging fraud and misrepresentation – Appellant contended that Pritam Singh was deceived into executing the sale deeds while under the belief that he was signing a lease agreement – Tri...
Education Law - University Examination – Scaling Down of Marks – Unlawful Application of Old Regulations – Petition Allowed – The petitioner was declared "fail" in a re-appear examination due to the University's reduction of his marks from 54/80 to 41/60 based on outdated regulations (60:40 ratio) – The Court held that since the petitioner appeared for t...