Tenancy Dispute – Pendente Lite Transfer – Sham Transaction – Preliminary Objection Rejected - Court held that sale of land by respondent’s legal heirs during pendency of the writ petition was a fraudulent attempt to frustrate proceedings – Purchasers were close relatives, and transaction was held to be a sham – Held: Transfer hit by Section 52 of the T.P. Act &...
Civil Law - Specific Performance – Agreement of Sale – Lack of Readiness and Willingness – Suit Dismissed – Plaintiffs claimed execution of sale agreement dated 28-02-1998 and alleged part payment of ₹25 lakhs – Only plaintiff No.5, as attorney holder, was examined; others did not depose – Held: Plaintiffs failed to prove execution, payment, or readiness and w...
Civil Law - Succession – Escheat Proceedings – Class-II Heirs under Hindu Succession Act – Validity of State Action – Escheat Declared Invalid - The State initiated escheat proceedings on the assumption that deceased Challa Venkataramana had no legal heirs – Plaintiff, as daughter of deceased’s paternal uncle, claimed entitlement under Class-II heirs – Cou...
Taxation Law - Income Tax – Interpretation of Agreement – Assessment Based on Receipts, Not Gross Bills – Appeal Dismissed - The assessee contended that 5% infrastructure fee should be computed on gross advertising bills; however, the agreement specified 5% of “total receipts” – The Court upheld the lower authorities’ view that only net receipts disclosed ...
Civil Law - Probate – Delay in Filing – Not Fatal – Continuous Right Doctrine Applied – Supreme Court precedents in Samir Kapoor and High Court ruling in Achin Ghosh followed – Delay of 19 years explained due to mutual compliance with Will terms and cause of action arising only after partition suit filed by daughters – Held: Probate is a legal sanction to perfor...
Civil Law - Will – Execution and Attestation – Section 63 of Succession Act – Probate Denied – The appellant sought probate of a registered Will executed by her husband—Probate Court found that only one attesting witness was examined, who failed to confirm the attestation by the second witness – Held: Proof of attestation by both witnesses required under Section...
Administrative Law – Policy Decision on FASTag – No Judicial Interference – PIL Dismissed – The petitioner challenged the government’s circulars mandating FASTag for toll payments and imposing double charges for non-FASTag users – Held: The decision to implement FASTag is a policy measure aimed at seamless traffic flow and cannot be interfered with unless it is ...
Arbitration Law - Arbitration Clause – Unilateral Termination Option – Clause Upheld – Appointment Directed - Clause allowing only the lender (Applicant) to opt out of arbitration upon becoming a SARFAESI beneficiary was challenged – Delhi High Court's Tata Capital ruling was distinguished as context-specific and not binding in Section 11 proceedings – Held: Exist...
Tenancy and Eviction – Oral Tenancy and Subsequent Default – Concurrent Eviction Orders Upheld – Petitioners entered land as tenants under original landlord and later continued under his wife and adopted son – Held: Default in rent payment and unauthorized sub-tenancy proved – Eviction ordered under Sections 12, 13 of A.P. Tenancy Act upheld [Paras 3–7, 15, 17]....
Criminal Law - Multiple Murders and Rape – Appeal Against Death Sentence - Conviction Based on Circumstantial Evidence – Conviction Affirmed – Appellant found guilty of murdering his wife and four children and raping his 12-year-old daughter – Conviction sustained based on last seen theory, motive, suspicious conduct, medical and scientific evidence including DNA confirmati...