Insolvency and Bankruptcy Code – Section 60(5) – Residuary Jurisdiction – Limits – NCLT’s jurisdiction under Section 60(5)(c) extends only to questions of law or fact arising out of or in relation to insolvency resolution or liquidation proceedings – Jurisdiction cannot be invoked to adjudicate independent civil or proprietary disputes lacking direct nexus with ...
Matrimonial Law - Maintenance Law – Divorced Muslim Woman – Code of Criminal Procedure, 1973 (Cr.P.C.) Section 127 / Muslim Women (Protection of Rights on Divorce) Act, 1986 (Act, 1986) Section 3(2) – Enhancement Allowed – A divorced Muslim woman is not precluded from invoking Section 127 Cr.P.C. for enhancement of maintenance even if the initial order was passed under Sect...
Tenancy Rights – Heritability – Death of Tenant – Punjab Village Common Lands Act – Tenant Kulwant Rai held to be in cultivating possession as gair maurusi for decades – Upon his death, tenancy rights devolved upon legal heirs – Gram Panchayat failed to show any statutory provision extinguishing tenancy on death – Held: Tenancy rights are heritable and pla...
Pre-emption – Tenant’s Right – Municipal Area – Extinguishment of Right – Sale of co-sharer’s land effected after inclusion of village within municipal limits – Held: Right of pre-emption stood extinguished – Suit for pre-emption not maintainable [Paras 8].
Tenancy – Proof – Gair Maurusi Entry – Absence of Rent – Revenue re...
Writ Jurisdiction – Suspension of Membership – Society Dispute – Petitioner, a member of Karnataka Film Chamber of Commerce, suspended pending inquiry on allegations of misconduct and complaints of financial irregularities – Petitioner submitted representation expressing regret, willingness to tender unconditional apology and withdraw allegations – Primary question wh...
Family Law – DNA Test – Adultery – Divorce Proceedings – Direction for DNA Test – Legitimacy of Child – Presumption under Section 112 Evidence Act – Wife challenged Family Court order permitting DNA test of child to determine paternity – Husband sought DNA test not to dispute legitimacy but to prove adultery – Held: Where adultery is pleaded wi...
Tenancy Law - Cultivating Tenants Protection – Fixation of Arrears – Jurisdiction of Revenue Court – Tenant filed petition only seeking permission to deposit rent – Despite memo not pressing the petition, Revenue Court unilaterally determined arrears of Rs.93,418/- based on market value of paddy and revenue reports – Held, fixation of fair rent can be done only by the...
Rent Control – Leave and Licence – Residential or Commercial Use – Registered leave and licence agreement contained multiple clauses expressly restricting use of flat to residential purpose only – Revisional Authority selectively relied on clauses permitting “residence-cum-office” use while ignoring clauses mandating residential use – Held: Licence granted...
Service Law - Departmental Enquiry – Police Personnel – Allegation of Corruption – Reliance on Electronic Evidence – CD Not Proved – Non-Examination of Complainant – Violation of Natural Justice – Enquiry Vitiated – Departmental proceedings founded solely on alleged video CD purportedly showing acceptance of bribe – CD neither exhibited nor pro...
Review Jurisdiction – Scope and Limitations – Error Apparent on Face of Record – Review under Section 114 read with Order XLVII Rule 1 CPC maintainable only on discovery of new evidence, error apparent on face of record or analogous grounds – Review not an appeal in disguise – Re-appreciation of facts or re-argument on merits impermissible – Settled principles r...