Partnership Property – Contribution of Property by Partner – Section 14, Indian Partnership Act – Property of the Firm – Appeal Dismissed - The appellant contended that the relinquishment deed executed by his late father did not validly transfer ownership to the partnership firm and that ownership could only be transferred through recognized modes under the Transfer of Prop...
Labour Law – Revision of Pay Scales – Validity of Industrial Court’s Interference – The appellant, MSRTC, revised employees' pay scales in 2015, reducing wages fixed in 2010—Employees challenged the revision before the Industrial Court, which ruled in their favor—High Court upheld the decision—Held: The 2015 revision was not justified as it attempted t...
Civil Appeal - Probate Proceedings – Burden on Propounder to Establish Valid Execution of Will – The appellant sought a letter of administration based on an unregistered Will dated 26.01.1990—The trial court rejected the petition, citing suspicious circumstances and unreliable testimony of the attesting witness—Held: In probate cases, the propounder must establish the Will&...
Civil Law – Auction - Lease Agreement – No Transfer of Ownership Without Execution of Lease – Leasehold Rights Never Created – The agreement to lease dated 17th July 1957 did not create any right, title, or interest in favor of M/s Mehta Constructions until a formal lease deed was executed – Since no lease was executed, M/s Mehta Constructions had no transferrable int...
Service Law - Compulsory Retirement – Scope of Judicial Review – The petitioner challenged his compulsory retirement on grounds of procedural irregularities and alleged bias—Held: Judicial review in matters of compulsory retirement is limited to checking arbitrariness or mala fides—Employer’s subjective satisfaction cannot be substituted unless it is unreasonable or p...
Tenancy Law - Landlord-Tenant Relationship – Concurrent Findings of Fact – High Court’s Reversal Unsustainable - The Trial Court and First Appellate Court had concurrently held that the plaintiff, as the legally adopted son of the original owner, was the landlord and the defendant was a tenant – The defendant’s claims of adverse possession and oral gift were rejected ...
Civil Writ - Government's Power to Take Over Water Bodies – Compliance with Natural Justice Required – No Proof of Private Ownership - The petitioner contended that the impugned order under Section 17A of the West Bengal Inland Fisheries Act was passed without due notice and without verifying whether the property was indeed a water body – The respondent-KMC argued that the la...
Delay in Pronouncement of Judgment – Prejudice to Litigants – Order Set Aside - The Single Judge heard arguments on 18/05/2022 but pronounced the order only on 05/06/2023 – The appellants contended that the delay violated judicial discipline and deprived them of the opportunity to seek timely relief – The High Court held that while mere delay does not invalidate an order, i...
Accident Claim - Compensation for Motor Accident Injuries – Just and Reasonable Award – Enhanced by High Court - The claimant sustained grievous injuries in a motor accident and was awarded ₹1,40,000/- by the MACT – The High Court found that the tribunal did not adequately compensate for pain, suffering, medical expenses, and loss of earnings – Held: Compensation enhanced...
Civil Law - Contempt of Court – Violation of Undertaking – Appellants Held Guilty of Disobedience – The appellants’ counsel gave an undertaking before the Trial Court on 11th July 2007 and 13th August 2007 that they would not alienate the suit property – The undertaking was later made into a court order on 17th November 2007 and extended periodically – Despite t...