Mandatory Injunction – Restoration of Watercourse – Evidence and Co-Sharer Rights - Appellant sought restoration of a demolished watercourse from the disputed tubewell to irrigate his fields – Trial Court found evidence, including admissions by defendant’s witnesses and documentary proof (Ex.P1 and Ex.P4), substantiating the existence of the watercourse and tubewell –...
Civil Law - Trust Property – Reversionary Rights of the Trust – Section 19(b) of the Shri Ganpati Panchayat Sansthan Act, 1940 – Land granted by the Sansthan to Sangli State for running a public hospital – Public hospital shifted to an alternate location – Held: The Sansthan retained ownership of the land, and upon cessation of the public purpose, the land must revert...
Property Law - Coparcenary Property – Burden of Proof – Claim Dismissed for Lack of Evidence - Plaintiff-appellant claimed that the suit land was ancestral coparcenary property and could not be sold without legal necessity – Court held that no documentary evidence corroborated the appellant's claim, and oral testimonies were insufficient to establish that the land was inherit...
Accident Claim - Motor Vehicles Act – Quantum of Compensation – Revision Ordered – Appellant-insurer contested the Tribunal's award of ₹8,43,000/- with 6% interest, claiming excessive compensation and contributory negligence – High Court revised the compensation to ₹7,21,000/- after recalculating the deceased's monthly income as ₹4,500/- (based on prevailing m...
Service Law – Promotion Criteria – Eligibility for Teaching Cadre – Dispute regarding promotion to the post of Associate Professor in the Teaching Cadre of the Medical Education Services, Kerala – High Court set aside the Tribunal’s decision dismissing the claim of Dr. Jyotish against the promotion of Dr. Sharmad – Supreme Court restored the Tribunal’s dec...
Constitutional Law – Right to Dignity and Hygiene – Article 21 of the Constitution – Right to life includes the right to a hygienic environment, ensuring access to clean and safe toilet facilities – PIL filed to mandate the construction and maintenance of separate toilets for men, women, transgender persons, and persons with disabilities in all courts and tribunals – ...
Service Law – Promotion to District Judge – Merit-cum-Seniority – Suitability Test – Jharkhand Superior Judicial Service Rules – Appellants challenged the denial of promotion despite qualifying the suitability test, asserting that promotions based on a comparative merit list contradicted the governing rules – Supreme Court held: Promotions under the 65% quota mu...
Civil Procedure – Bar under Order II Rule 2 CPC – Maintainability of Second Suit – Plaintiff filed a second suit for specific performance after a prior suit for permanent injunction – Issue regarding whether both suits were based on the same cause of action – Held: The second suit was not barred under Order II Rule 2 as the cause of action in the second suit arose fro...
Cancellation of Letter of Intent - Unauthorized Use of Additional Land – The petitioner, selected as an LPG distributor, constructed the godown on additional plots of land (not approved in the LOI) and failed to inform Indian Oil Corporation Ltd. (IOCL) – Held: Construction on unauthorized plots without prior approval violates the terms of the LOI and brochure guidelines – LOI ca...
Taxation Law - Direct Tax – Computation of Disputed Tax – Applicability of 100% Rate – Section 3, DTVSV Act – Circular No. 21/2020 – Petitioner’s case mistakenly treated as a “search case,” and disputed tax computed at 125% instead of 100% – Respondents conceded the error, acknowledging it as a "non-search case" – Held: Tax to b...