Service Law – Transfer and Posting – Higher Secondary School Teachers (HSST) – Petitioners challenged the orders of KAT regarding their transfers and postings – Contention of arbitrary and unreasonable transfers affecting their service conditions – High Court upheld the Tribunal’s decision, emphasizing the administrative prerogative in matters of transfer, provi...
Partition – Suit for Partition and Injunction – Plaintiff sought partition of two properties and an injunction against defendants from creating third-party interests – Properties were inherited from parents who died intestate – Defendant No. 1 proceeded ex-parte – Settlement reached among remaining parties for the sale of properties and division of proceeds – Pl...
Partition Suit – Exclusive Ownership Claims – Contribution to Construction – Equal Shares Upheld – The appellants claimed exclusive ownership of the first and second floors of the suit property, alleging sole funding for their construction – Held: No documentary evidence substantiating exclusive ownership produced – Contributions by a co-sharer do not confer exc...
Writ Jurisdiction – Scope Against Private Bodies – Banking Activities – The Court examined the maintainability of writ petitions against private banks concerning alleged non-compliance with contractual obligations – Held: Private banks performing commercial activities are not subject to writ jurisdiction unless statutory or public duties are involved. Claims arising out of ...
Senior Citizens Act - Cancellation of Gift Deed – Non-Compliance with Maintenance Condition – Beneficial Interpretation of Section 23 – The appellant sought cancellation of a gift deed on grounds that the respondent-son failed to fulfill the obligation to maintain her – Held: Section 23 must be interpreted purposively to advance the Act's objective of protecting senior ...
Insolvency and Bankruptcy – Financial Creditors – Classification under Section 5(7) and Section 5(8) of IBC – Appellants claimed status as Financial Creditors of Reliance Infratel Limited (RITL) based on Deeds of Hypothecation (DoH) – NCLAT denied the status, holding that DoH did not create a contract of guarantee – Held: Clause 5(iii) of DoH creates a guarantee by Co...
Civil Law - Concurrent Findings of Fact – High Court's Limited Jurisdiction under Article 226 – Jurisdiction Exceeded – Authorities concluded that the disputed land was a pond (Johad) based on evidence and found the respondent's patta fictitious – Held: High Court erred in reappreciating evidence and reversing findings of fact in writ jurisdiction absent perversity ...
Restoration of Suit – Delay in Filing – Applicability of Section 5 of the Limitation Act – Restoration Application Allowed - Supreme Court addressed whether a restoration application under Order IX Rule 13 CPC, filed five months after the ex-parte decree, required a separate condonation of delay application under Section 5 of the Limitation Act. It held that the restoration appli...
Civil Law - Execution and Validity of Will – Compliance with Statutory Requirements – Valid Execution vs. Genuineness – The Single Judge found the Will validly executed under Section 63 of the Succession Act and Section 68 of the Evidence Act but flagged suspicious circumstances – The Division Bench incorrectly equated valid execution with genuineness, leading to an erroneo...
Service Law - Leave Encashment – Part of Pensionary Benefits – Delay in Filing Claim – The Educational Tribunal directed the petitioner-Institute to pay leave encashment benefits to retired employees – Petitioner challenged the claim on the ground of delay and laches – Held: Leave encashment, being a pensionary benefit, cannot be denied on the basis of delay – P...