Civil Law - Usufructuary Mortgage – Redemption Rights – Mortgage Does Not Mature into Ownership by Lapse of Time – Plaintiffs’ Ownership Upheld – The plaintiffs sought declaration and possession over ancestral land, claiming merger of mortgage and ownership rights and redemption of mortgage – Held: The Lower Appellate Court erred in holding that the defendants&r...
Service Law – Writ - Army Officer Dismissal – Refusal to Participate in Regimental Religious Rituals – Dismissal Upheld – Petitioner, a Christian Army officer, declined to enter the sanctum sanctorum of Mandir/Gurudwara during religious parades citing faith-based reasons – Held: His conduct constituted willful disobedience of lawful command under Section 41 of the Arm...
Family Law – Divorce – Mental Cruelty – Decree Granted – Trial Court’s Dismissal Reversed – Appellant/husband filed suit seeking divorce on grounds of cruelty and desertion – Alleged public humiliation, false threats, and refusal of cohabitation by respondent/wife – Wife filed written statement but failed to lead evidence or cross-examine husband &nd...
Family Law - Hindu Marriage Act – Section 27 – Independent Application for Return of Stree Dhan – Not Maintainable – Impugned Judgment Set Aside – Family Court passed order under Section 27 of the Hindu Marriage Act independently, without pendency of any matrimonial proceeding under Sections 9 to 13B – Held: Section 27 does not create an independent cause of act...
Civil Procedure – Rejection of Plaint – Scope under Order VII Rule 11 – Petition for rejection of plaint on ground of undervaluation and jurisdiction dismissed – Trial Court held suit for injunction over trademark “Shahi Sikka” was not barred by law and disclosed cause of action – Held: At threshold, only plaint averments are relevant and no legal bar or u...
Civil Law - Ex Parte Decree – Application under Order 9 Rule 13 CPC – Improper Service Alleged – Rejected – Petitioner challenged the ex parte decree passed in 2014 on grounds of improper service, asserting erroneous address and irregular Munadi – Held: Address used matched that in earlier sale documents signed by petitioner; service through Munadi was legally ordered...
Service Law – Non-disclosure of Criminal Case – Minor Offence – Appointment Restored – The appellant-State challenged the order directing appointment of a Scheduled Caste candidate on the ground of alleged suppression of a pending criminal case in the verification form – Held: The criminal case pertained to minor offences arising from a boundary wall dispute and was n...
Civil Law - Mutation - Inheritance – Succession of Issueless Hindu Male – Mother as Class-I Heir – Mutation in Favour of Class-II Heirs Invalid – Upon the death of Pritam Singh, who died issueless, his mother Smt. Santo was alive and the only Class-I heir under the Hindu Succession Act – Mutation of his share in land in favour of his siblings and sister Daro was...
Family Law – Bar on Fresh Suit – Order 13 Rule 1(4) CPC – Divorce Petition Dismissed – Wife initially filed a suit under Section 12 HMA for declaration of marriage as null and void—Withdrew it in Lok Adalat without seeking liberty to file fresh suit—Subsequently filed divorce petition under Section 13(1) HMA on same facts—Held: As per Order XXIII Rule 1(4)...
Family Law – Order VI Rule 17 CPC – Delay Tactics in Divorce Suit – Belated Amendment to Add Restitution Claim – Rejected – Respondent sought to amend written statement after 10 years of divorce proceedings to include counterclaim for restitution of conjugal rights—Court held: Application filed after evidence was closed and date fixed for final hearing—No ...