Civil Law - Permanent Injunction – Possession and Title – Concurrent Findings – The plaintiff sought a permanent injunction against the defendant, claiming possession and ownership of the plaint schedule property. Both the trial and first appellate courts found that the plaintiff had proven possession and ownership through documentary evidence, including registered sale deeds and...
Civil Law - Pathway Rights – Common Lane – Easementary Rights – Plaintiffs sought declaration of title and injunction over a 2-foot-wide North-South Lane used as a common pathway between adjoining properties. The Trial Court granted reliefs but the First Appellate Court reversed the decision, holding that the suit for mandatory injunction was barred by limitation. The High Court ...
Civil Law - Partition Suit – Proof of Ownership and Possession – Concurrent Findings – The plaintiffs, being legal heirs of late A.R. Lakshmaiah Naidu, sought partition and separate possession of the plaint schedule properties. The trial court decreed the suit based on evidence, including oral testimony and 35 exhibits, which proved the plaintiffs' entitlement. The defendant&...
Eviction Suit – Definition of Lessor – Section 106 of the Transfer of Property Act – Suit Maintainable – The plaintiff, as an owner of the property and a partner in the lessor partnership firm, was held to be a lessor under the lease deed. The lease deed explicitly included partners of the firm as lessors, which enabled the plaintiff to maintain the eviction suit. The Trial...
Civil Procedure – Order XXXVII CPC – Scope of Leave to Defend – The appellant issued a post-dated cheque for ₹6,50,000/- as security but claimed it was not meant for encashment. The Trial Court dismissed the appellant's application for leave to defend, holding the defense frivolous and lacking substance. The High Court upheld the Trial Court's decision, finding no subst...
Civil Writ - Medical Termination of Pregnancy – Consent of Husband Not Required – The petitioner, a 32-year-old woman, sought termination of her 18-week pregnancy without her husband's consent. She cited domestic violence, separation from her husband, and the impact on her mental and physical health. The Court held that marital consent is not required for termination under the MTP ...
Recruitment Rules – Eligibility of Candidates – Applicability of Rule 11 of Rajasthan Animal Husbandry Service Rules, 1963 – Final Year Examination – Ineligible Candidates Removed – The petitioners challenged the inclusion of candidates who had only enrolled in the Final Year of the B.V.Sc. program without appearing in the Final Year Examination. The court emphasized ...
Service Law – Seniority – Promotion vs. Direct Recruitment – Petitioners challenged appointments of direct recruits as Technical Officers, alleging seniority of promotees was unfairly impacted due to delays in convening the Departmental Promotion Committee (DPC). Petitioners contended that as per the Export Inspection Agency (Recruitment) Rules, 1980, and Office Memoranda, their ...
Land Acquisition – Redetermination of Compensation – Maintainability of Application Under Section 28A – Petitioners sought parity in compensation under Section 28A of the Land Acquisition Act, 1894, based on enhanced compensation awarded by the High Court in a first appeal – Application rejected by the Collector on the ground that Section 28A applies only to award...
Civil Law - Auction Sale – SARFAESI Act – Validity of Sale Certificate – Rights of Auction-Purchaser – Held: Auction conducted under the SARFAESI Act is valid when statutory requirements are met – Auction-purchaser’s rights cannot be set aside without evidence of fraud, collusion, or grave procedural irregularities – High Court’s order quashing aucti...