Excise Law – Illegal Transportation of Liquor – Acquittal – Accused intercepted while allegedly transporting 55 cartons of country liquor without permit – Prosecution relied solely on police testimony as independent witness turned hostile – Photographer did not confirm seizure proceedings – No photographs of search or sealing of liquor bottles produced – H...
Motor Accident – Compensation – Fatal Accident – Pillion rider – Widow mother of deceased filed claim for Rs.15 lakhs – Tribunal awarded Rs.23,38,000/- with 7.5% interest – Tribunal wrongly deducted ½ of income instead of correct deduction method – High Court fixed monthly income at Rs.16,000/- based on bank statement – 40% added for future pr...
Tender Law – Bid Evaluation – Technical Disqualification – Arbitrary Selection – Judicial Review – Opposite Party No.2 submitted credentials for work related to sewage pump house and wastewater treatment plant – NIT specifically required experience in “cleaning of overhead tanks/underground reservoirs by mechanical means” – Submitted work order...
Property Law – Family Settlement – Proof – Plaintiffs claimed ownership and possession based on oral family settlement and subsequent memorandum dated 02.02.2006 – Courts below held that no oral settlement was proved and memorandum Ex.P7 did not reference any prior settlement – Held: No evidence to establish original oral partition – Memorandum of settlement dat...
Civil Law – Rejection of Plaint – Partition Suit – Cause of Action Disclosed – Appellant sought partition of ancestral and joint family properties – Trial court rejected plaint under Order VII Rule 11 CPC citing prior consent decree, limitation, and lack of co-ownership – Held: Plaint discloses cause of action – Questions of limitation, title, and effect o...
Property Law – Partition Suit – Effect of Previous Litigation – Interpretation of Decree – Appellants (Plaintiffs) sought partition of joint property claiming half share – Respondent (Defendant) contended that Appellants lost rights due to failure to pay Rs. 5,300/- as ordered in a previous Second Appeal (S.A. No. 641 of 1988) – First Appellate Court dismissed t...
Electricity – Crop Damage – Strict Liability – Respondent’s wheat crop destroyed by fire due to electrical short-circuit from a Three Phase LT Line passing over his field – Writ Court directed compensation of ₹50,400 with 6% interest – Defence of natural calamity (wind storm) raised by State rejected – No proof of windstorm placed on record – High ...
Bombay Tenancy and Agricultural Lands Act – Protected Tenancy – Statutory Purchase – Sections 32G & 32M – Effect of Mutation Entries – Exclusive Title – Civil Court Jurisdiction – Plaintiff (sister) filed suit for partition in 2002 claiming suit property as joint family property inherited from parents who died in 1949 and 1978 – Evidence showed t...
Family Law – Divorce – Cruelty – Decree of Divorce Granted – Appellant alleged repeated abusive conduct by wife, threats of suicide, denial of physical relationship, and desertion without cause – Family Court dismissed petition citing isolated nature of incidents and unclean hands due to dowry allegations – Held: Cumulative effect of wife’s behaviour inclu...
Civil Law – Specific Performance – Agreement to Sell – Concurrent Findings – Appellant (Defendant) challenged the decree for specific performance of an agreement to sell land for ₹2,00,000/- – Plaintiff proved payment of ₹1,80,000/- earnest money and execution of agreement via marginal witness and scribe – Defendant admitted signatures but claimed they were ...