Criminal Law - Contempt of Court – Alleged Non-Compliance with Court Orders – Evaluation of Demolished Structures – Petitioners sought contempt action for non-implementation of a High Court order directing engagement of a private structural engineer to assess compensation for demolished houses – Single Judge held that the failure to pay compensation constituted willful diso...
Civil Law - Deed of Gift – Validity of Execution – Absence of Fraud – Held: Execution of the deed of gift was valid and supported by corroborative evidence – No proof of fraud or misrepresentation – The donor voluntarily executed the deed and sought permission from the CIT, indicating her clear intention – The gift was made out of natural love and affection for ...
Matrimonial Dispute – Claim for Return of Gold Ornaments – Lack of Evidence – Rejection Upheld – The appellant-wife alleged that she was given 203 sovereigns of gold ornaments at marriage and that the respondents misappropriated them – The Family Court rejected the claim due to lack of concrete evidence regarding entrustment or misappropriation – Held: Mere asse...
Service Law - Juvenile Justice Act – Conviction as a Juvenile Cannot Disqualify from Public Employment – Termination Quashed – The petitioner, convicted as a juvenile under Sections 436, 457 & 380 IPC, was released on admonition without a sentence – The High Court ruled that under Section 19(1) of the Juvenile Justice Act, 2000, no disqualification can attach to such a ...
Civil Law - Property Ownership – Inheritance and Will – Claim for Full Ownership Rejected – The appellant sought full ownership of a house based on a Will executed by her mother, Kasturi Devi – The lower courts found no evidence that Harbans Lal (original owner) had transferred the property entirely to Kasturi Devi before his death – Held: In the absence of documentar...
Civil Writ - Right to Protest – Refusal of Permission for Rally – Article 19(1)(b) – Public Order Justification – The petitioners, an unregistered organization, sought permission to conduct a rally supporting law enforcement and condemning violence against the police – The Commissioner of Police denied permission citing potential communal tensions and difficulty in ma...
Civil Law - Property Dispute – Will Execution – Proof of Attestation – Sections 63 of Succession Act and 68 of Evidence Act – The plaintiff claimed ownership based on a 1936 Will executed by his grandfather, while the defendant contended that the property was ancestral and he had equal rights – Trial Court decreed ownership in favor of the plaintiff – Held: Unde...
Civil Law - Partition Suit – Classification of Land as Tank – Whether Partible – Plot No. 388 was originally recorded as a Jalasaya (waterbody) in revenue records—Appellant argued that tanks are not partible under law unless converted into general land—Trial court rejected this claim, holding that the plot lost its waterbody character and could be partitioned – ...
Taxation Law - Goods Seizure and Tax Evasion – Applicability of Section 130 TNGST Act – Prima Facie Case Against Petitioner – The petitioner challenged the confiscation of gold ornaments under Section 130 of the TNGST Act, arguing that the goods were transported solely for exhibition purposes and not for sale – The respondent alleged that the petitioner attempted to evade t...
Execution Proceedings – Validity of Sale Deed Executed After Attachment – Held: A sale deed executed after attachment of property in execution proceedings is void against claims enforceable under the attachment – Attachment was ordered on 02.08.2002, while the sale deed was executed on 11.06.2004 – Judgment Debtor was aware of attachment proceedings but still proceeded with...