Property Law - Matrimonial Property – Sale Deed Executed by Husband in Wife’s Favour – Not Benami – Husband contended that Ext.A1 Sale Deed executed in favour of wife was merely benami and intended to facilitate a loan—Court held: Deed supported by consideration of ₹40,000 paid by wife’s parents to discharge husband’s liabilities—Held genuine and v...
Motor Accident Claim – Rash and Negligent Driving – Eyewitness Testimony Upheld – Appeal Partly Allowed – The deceased, a government employee, fell from a moving bus due to sudden braking – Insurance company challenged the finding of rash driving citing lack of independent witnesses – Court upheld the testimony of PW3, co-worker of the deceased, corroborated by ...
Civil Law - Maharashtra Project Affected Persons (Rehabilitation) Act - Unregistered Sale Agreement – Applicability of Section 53A T.P. Act – No Protection to Possession – Defendant relied on an unregistered agreement to claim possession under Section 53A of the Transfer of Property Act – Held: Due to the statutory requirement of registration under Section 17(1-A) of the Re...
Civil Writ - Marriage Protection Petitions – Misuse of Judicial Process – Large-Scale Fraud Detected – The Court found that several petitions filed for police protection by runaway couples were based on forged certificates and fabricated identity documents – Noted that touts and unregistered institutions are exploiting court jurisdiction through manipulated filings – ...
Criminal Law – Transfer of Investigation - Suspicious Death – Alleged Harassment in Public Undertaking – CBI Investigation Ordered - The deceased Vimal Negi, a GM at HPPCL, allegedly faced sustained pressure to approve irregular financial decisions – Inquiry by Additional Chief Secretary (Home) confirmed misconduct by senior officers – Report suppressed by State and i...
Civil Law - Injunction – Temporary Injunction Against Non-Party – Order 39 CPC – Not Maintainable – Appellants sought temporary injunction restraining respondent (a subsequent purchaser) from raising construction on suit property – Respondent was not party to the pending appeal or the original suit – Held: Under Order 39 Rule 1 and 2 CPC, temporary injunctions c...
Property Law – Unregistered Sale Agreement – Possession – Bar under Rehabilitation Act – Second Appeal dismissed – Defendant entered into unregistered agreement to purchase agricultural land affected by Jeegaon Resettlement Project – Paid Rs. 3,00,000/- out of Rs. 3,50,000/- – Defendant placed in possession but sale deed not executed due to legal bar under...
Service Law – Discharge from Service – Suppression of Criminal Cases – No Prior Notice – Violation of Natural Justice – Discharge Quashed – Petitioner appointed as Jail Warder pursuant to valid selection process – Discharged by order dated 02.02.2024 for alleged suppression of two criminal cases in attestation form – No prior show-cause notice issued...
Taxation Law - Capital Gains – Timing of Transfer under JDA – Section 2(47)(v) – Substantive Assessment from A.Y. 2007–08 – Not Taxable in A.Y. 2006–07 - Held: The transaction under the unregistered Joint Development Agreement dated 23.11.2005 did not amount to “transfer” under Section 2(47)(v) read with Section 53A of the Transfer of Property Act in...
Civil Law - Res Judicata – Declaration And Injunction Over Ancestral Property - Previous Suit Involving Same Parties and Property – Appeal Dismissed – Plaintiff-appellants filed suit claiming coparcenary rights over 1/5th share of land through inheritance from Satnam Singh – Defendants contended suit barred by res judicata due to prior litigation involving same dispute and ...