Tenancy Rights – Heritability – Death of Tenant – Punjab Village Common Lands Act – Tenant Kulwant Rai held to be in cultivating possession as gair maurusi for decades – Upon his death, tenancy rights devolved upon legal heirs – Gram Panchayat failed to show any statutory provision extinguishing tenancy on death – Held: Tenancy rights are heritable and pla...
Insolvency and Bankruptcy Code – Section 60(5) – Residuary Jurisdiction – Limits – NCLT’s jurisdiction under Section 60(5)(c) extends only to questions of law or fact arising out of or in relation to insolvency resolution or liquidation proceedings – Jurisdiction cannot be invoked to adjudicate independent civil or proprietary disputes lacking direct nexus with ...
Civil Procedure – Temporary Injunction – Appeal under Order 43 Rule 1(r) CPC – Scope of Appellate Interference – Appellate court can interfere only when discretion exercised by trial court is arbitrary, capricious, perverse or contrary to settled principles – If the view taken by trial court is a possible view, appellate court cannot substitute its own view [Paras 66&...
Child Custody – Hindu Minority and Guardianship Act – Section 6 – Natural Guardian – Father as natural guardian of minor son – Right not absolute – Subject to welfare of child – Section 13 mandates welfare of minor as paramount consideration – Custody cannot be claimed as a matter of right [Paras 7–10].
Custody of Minor – Wel...
Partition – Joint Property – Abadi Land and Agricultural Land – Jurisdiction – Land measuring 141 kanals comprising agricultural land and gair mumkin abadi – Financial Commissioner held that revenue authorities have jurisdiction to partition only agricultural land and not abadi land – Parties relegated to Civil Court for partition of abadi land – Suit for ...
Cheque Dishonour – Presumption under Sections 118 and 139 NI Act – Rebuttal by Accused – Standard of Proof – Accused admitted signature on cheque but set up defence that cheque was part of multiple cheques issued for chit transaction to a third party – Defence supported by reply notices and contemporaneous documents – Held: Accused need only raise a probable def...
Public Employment – Recruitment by Public Service Commission – Mandatory Timelines – Submission of Documents – Cut-off Date – Advertisement No. 17/2022 for Assistant Professor (Botany) – Petitioner provisionally selected in written examination but failed to submit verification documents within stipulated time and even within extended periods granted with late fe...
Foreign Trade Regulation – Delegated Legislation – Enforceability – Gazette Publication Mandatory – Notification imposing Minimum Import Price (MIP) on steel products uploaded on DGFT website on 05.02.2016 but published in Official Gazette on 11.02.2016 – Held that delegated legislation acquires force of law only upon publication in the Official Gazette as mandated by...
Real Estate Law – RERA – Delay in Possession – Statutory Interest – Mandatory Obligation – Allottee did not withdraw from project despite delay – Proviso to Section 18(1) of RERA Act mandates that promoter shall pay interest for every month of delay till handing over possession – Obligation is automatic and not contingent upon demand by allottee – Pr...
Patent Law – Deemed Abandonment – Section 21(1), Patents Act – Service of First Examination Report (FER) – Patent application rejected as abandoned due to non-filing of response to FER within prescribed and extended timelines – Petitioner contended that FER was not lawfully served as it was communicated only by e-mail and not by registered post under Section 149 &ndas...