Civil Law - Temporary Injunction – Maintainability of Appeal – Non-Compliance with Order 39 Rule 3 CPC – Appeal against an ex parte interim injunction issued by the Trial Court restraining the appellant from proceeding with a General Body Meeting to consider expulsion of the plaintiff/respondent No. 1 – Held: Appeal maintainable under Order 43 Rule 1(r) CPC, as the Trial Co...
Writ – PIL - Challenge to the withdrawal of recommendations - Governor’s Role in Nominations – Article 171(3)(e) and Article 163(1) – Discretion Limited – Challenge to Governor’s non-action on the Council of Ministers' recommendations dated 6 November 2020 for Legislative Council nominations – Held: The Governor’s discretion under Article 171(3)(...
Matrimonial Law - Cruelty – Grounds for Divorce – Section 13(1)(i-a) of Hindu Marriage Act – Mere allegations of the respondent's alcohol consumption, association with male friends, and behavioral changes do not constitute cruelty without substantive proof – The appellant failed to establish specific acts of cruelty that rendered the marital relationship untenable &ndas...
Property Law - Land Ownership – Inheritance and Tenancy Claims – Plaintiff Failed to Prove Title - Appellants claimed ownership of the suit land through inheritance from Kartar Kaur and alleged tenancy by the respondents – Court held that neither the Will nor the lease deed relied upon by the appellants was proved – Findings of the Trial and Appellate Courts upheld [Paras 8...
Civil Writ - Maintainability of Writ Petition under Article 226 – Judicial Orders by Civil Courts – Scope Limited – Article 227 Jurisdiction Distinguished – The petitioner filed a writ petition under Article 226 challenging a judicial order of the Civil Court – The Hon'ble Apex Court in Radhey Shyam v. Chhabi Nath, (2015) 5 SCC 423, clarified that judicial orders ...
Civil Law - Unstamped and Unregistered Agreement – Admissibility for Injunction – Section 35, Indian Stamp Act – Temporary Injunction Denied – The appellate court rightly set aside the trial court’s order granting a temporary injunction based on an unstamped and unregistered agreement to sell – Such agreements are inadmissible in evidence under Section 35 of the...
Temple Surplus Funds – Utilization for Religious and Charitable Purposes – Non-Compliance with HR & CE Act – The surplus funds of the temple cannot be utilized for purposes beyond those specified in Section 66(1) or Sections 36-A and 36-B of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 – Held: Construction of a shopping complex does not align with ...
Arbitration – Interim Relief – Security for Disputed Amount – Section 9, Arbitration and Conciliation Act, 1996 – Petitioner sought interim relief to secure Rs. 156.75 crores against Make-Up Gas owed under GSPA, alleging respondents’ inability to supply due to reduced gas production – Respondents claimed non-performance due to Force Majeure (FM) and expiration o...
Civil Procedure – Second Appeal – Jurisdiction Under Section 100 CPC – Substantial Questions of Law Mandatory – Interim Orders Without Framing Substantial Questions Invalid – The High Court granted interim relief directing status quo in a second appeal before framing substantial questions of law – Held: Under Section 100 CPC, a second appeal is maintainable only...
Constitutional Law – Article 32 – Scope and Limitations – Challenging High Court Judgments – Under Article 32 of the Constitution, the Supreme Court does not have the jurisdiction to declare a High Court judgment as illegal. The appropriate remedy lies in filing a review/recall application before the High Court or challenging the judgment under Article 136. (Para 3)
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