Partition Suit – Unregistered Partition Deed – Held Inadmissible – Plaintiffs relied on Ex.P1 alleged to be a memorandum of oral partition – Trial and Appellate Courts held Ex.P1 to be a partition deed in presenti requiring compulsory registration under Section 17 of the Registration Act – Ex.P1 being unregistered was rightly held inadmissible – Courts below cor...
Civil Law - Partition Suit – Rejection of Plaint under Order VII Rule 11 – Set Aside – Trial Court dismissed suit as barred by limitation due to 1978 relinquishment entry – High Court held that the plaint disclosed triable issues regarding forgery and lack of notice under Section 135(d) Gujarat Land Revenue Code – Rejection of plaint held improper as limitation was a ...
Service Law - Seniority – Promotees vs Direct Recruits – Rule 8(e) CRPF Rules Applied – Promotees Placed Below – Petitioners challenged revised seniority list dated 24 April 2020 that placed direct recruits en bloc below promotee Assistant Commandants (ACs) – Court held that Rule 8(e) mandates seniority to be determined by date of appointment – Promotees appoint...
Judicial Proceedings – Conduct During Video Conferencing – SOP Recommendation Upheld – Petitioner, a Senior Police Inspector and witness in a Sessions Trial, challenged a Trial Judge’s letter to the DGP recommending Standard Operating Procedures (SOPs) for remote testimony – The letter was based on his alleged disrespectful behavior while deposing from a police statio...
Civil Law - Religious Institution – Dispute over Succession of Mataadhipathi – Custom and Qualification Central – Matter Referred to Civil Court - Multiple sons of the deceased Peetadhipathi claimed succession based on competing unregistered wills and nominations – Held: Questions of fact and conflicting documents cannot be resolved in writ – Proper forum is Civil Cou...
Civil Law - Interim Injunction – Prima Facie Possession Not Established – Agreement to Sell and Authority Letter Not Sufficient - Plaintiffs sought an interim injunction on the basis of an unregistered agreement to sell and an authority letter for supervision – Held: Mere reliance on such documents without clear proof of possession or title is insufficient to claim injunction; pl...
Civil Law - Auction Sale – Stamp Duty on Sale Certificate – Auction Value Prevails – Demand on Market Value Held Illegal - Petitioners purchased immovable property in public auction conducted by SBI – Sub-Registrar refused to register Sale Certificates unless stamp duty was paid on market value instead of bid amount – Held: Registration authorities must assess duty ba...
Civil Law - Joinder of Parties – Order 1 Rule 10(2) CPC – Legal Heirs of Plaintiff’s Brother Held Proper Parties – Petition Dismissed – Trial court correctly permitted respondents to be added as co-plaintiffs in suit challenging unauthorized sale of ancestral property – High Court held that limitation issues must be adjudicated during trial, not at stage of join...
Civil Law - Plot Allotment – Cancellation without Notice – Restoration Sought – Trust Failed to Intimate Allotment – Allotment Cancelled by Blanket Order – Petitioner Not Notified – Held: Cancellation unjustified as petitioner was never informed and could not comply – Trust’s non-notification and subsequent cancellation were improper [Paras 3-6].
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Civil Law - Redemption of Mortgage – Oral Mortgage – Limitation Applies – Mortgage Not Admitted – Plaintiffs Not Entitled to Relief - Plaintiffs initially denied the mortgage and asserted absolute ownership, but later sought to redeem the mortgage allegedly created in 1926 – Courts below held that plaintiffs were not in exclusive possession and that the mortgage was o...