Civil Law – Partition Suit – Oral Partition – Preliminary Decree – Plaintiff and deceased brother entitled to equal half share in property – Defendants claimed oral partition and exclusive right over building – No date, witnesses, mutation, or documentation produced to prove oral partition – Mere construction of house on one side of property not sufficient...
Specific Performance – Readiness and Willingness – Registered sale agreement dated 16.10.1992 relied on by plaintiff – Plaintiff failed to prove continued readiness and willingness to pay balance consideration of ₹2,00,000 within the stipulated three months – No legal notice issued within prescribed time – Notice issued after 2 years and 11 months – Held: Plai...
Service Law – Deputy Librarian – Nomenclature change under G.O. 26.12.1998 – No automatic enhancement of retirement age to 62 years – Higher pay scale wrongly granted but recovery after 17 years impermissible – Retirement at 60 upheld; recovery quashed; pension to be fixed on last pay drawn [Paras 10–16].
Service Benefits – Change of Nomenclat...
Service Law – BSF – Disciplinary Proceedings – Extra-marital Conduct – Officer engaged in intimate relationship with a female constable while being married – Compromising photographs leaked and circulated on social media – SCOI and ROE conducted – Disciplinary authority found conduct to be unbecoming of an officer in a disciplined force – Held: Relat...
Criminal Law – Rape – Conviction Set Aside – Appellant convicted under Section 376 IPC for alleged rape of sister-in-law – Incident dated 20.01.2015 and attempt on 23.01.2015 – FIR filed after one month with no satisfactory explanation for delay – Held: Delay not convincingly explained, undermining the prosecution’s case [Paras 1, 15, 21] –
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Taxation Law - Sales Tax – Trademark – Assignment of Intangible Asset – Situs of Trademark – Transaction Held as Export – Not Taxable Under State Sales Tax Law – Brand Acquisition Agreement transferring ownership of registered trademark ‘Crocin’ from Indian company to UK-based entity executed in London – Held: Trademark, being an intangible ass...
Senior Citizen Law – Eviction of Legal Heirs – Beneficial Legislation – Petitioner, an 80-year-old senior citizen, challenged the order of the Appellate Authority setting aside eviction of his daughter and her family from second floor of property – Appellate Authority held eviction unjustified as no ill-treatment or non-maintenance was proved – Held: Such a requiremen...
Insolvency and Bankruptcy – Section 7 IBC – Procedural Compliance – Affidavit Defect – Application by HDFC Bank under Section 7 IBC was supported by an affidavit dated prior to the date of verification – NCLT rejected the application as non est for not curing defects within time – NCLAT restored the petition but failed to insist on curing the affidavit defect &n...
Municipal Law – Unauthorized Construction – Bar on Civil Court Jurisdiction – Section 433A MMC Act – Civil Court Cannot Entertain Suit Challenging Demolition Notices – Plaint Rejected – Plaintiff challenged notices under Sections 260 and 478 MMC Act alleging unauthorized construction – Civil court refused to reject plaint holding suit not barred – He...
Civil Law – Temporary Injunction – Prima Facie Case – Balance of Convenience – Irreparable Injury – Rejection Upheld – Appellants filed suit for declaration and possession claiming title through registered sale deed of 1957 – Sought injunction against construction over suit property allegedly by temple trust – Trial court found no prima facie case, n...