Property Law – Bank Auction of Mortgaged Property – No Objection Certificate (NOC) – Authorities Cannot Withhold Transfer - Petitioners purchased Plot No. 1591-B, Sector 23-23A, Gurugram, in a public auction conducted by the bank under SARFAESI Act, 2002 – Sale confirmed, full payment made, and possession delivered – However, authorities refused to issue NOC, citing l...
Civil Law – Eviction - Introduction of Additional Document – Registered Sale Deed Admitted on Date of Judgment – Order VII Rule 14(3) CPC – The appellant challenged the Trial Court’s decision to admit a certified copy of the registered sale deed (Exhibit-6) on the date of judgment, arguing that it violated procedural requirements under Order VII Rule 14 and Order XIII...
Eviction under Rent Control Act – Bona fide Need – Alternative Accommodation – Tenant’s Contention Rejected – The landlord sought eviction under Section 11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965, claiming a bona fide requirement to start a hardware business – The tenant contended that the landlord possessed other vacant premises suitable f...
Land Law – Mutation – Limitation for Appeal – Delay of 39 Years – Rejection Upheld – Petitioner challenged Mutation No. 644, attested in 1984, before the Additional Deputy Commissioner (Agrarian Reforms), claiming lack of knowledge – Appeal filed in 2023 with a delay of 39 years and 1 month – Appellate authority dismissed the appeal for want of sufficient ...
Service Law – Approval of Charge-sheet – Applicability of Article 311(1) – Approval Held Not Mandatory – The High Court quashed the dismissal order on the ground that the charge-sheet was not approved by the Chief Minister – The Supreme Court held that Rule 55 of the 1930 Rules did not require approval of the charge-sheet by the appointing authority – Further he...
Customs Law – Classification of Imported Goods – Confiscation and Penalty – Appellants imported goods claiming them as Base Oil under CTH 27101960 – Customs Authorities classified the goods as High-Speed Diesel (HSD) under CTH 27101930, a prohibited item for private import, leading to confiscation and penalties – Customs Classification – Incomplete Compliance wi...
Criminal Law – Quashing of FIR - Freedom of Speech – Recitation of Poem – FIR under Sections 196, 197(1), 299, 302, 57, 3(5) BNS – Allegation of promoting enmity between groups – Poem does not refer to any religion, caste, or community – Expresses dissent against injustice through non-violent means – Held: Mere criticism or poetic dissent cannot constitute...
Civil - Excise License – Fraudulent Transfer of FL-II License – License Restored – Collector’s Cancellation Upheld – Petitioners alleged impersonation and forgery in the transfer of their liquor license to Respondents 4 & 5 – Court found forged Aadhaar Card, mismatched signatures, and impersonation established by Excise Department’s inquiry – Tra...
Service Law – Pension Entitlement – Deemed Opt-in Under Office Order – Pension Benefits Granted – The respondent, a retired Deputy Manager (Personnel) in Delhi Transport Corporation (DTC), did not explicitly opt for either the CPF Scheme or the GPF-cum-Pension Scheme within the prescribed period under the 1992 Office Order – As per para 9 of the 1992 Order, an employe...
SARFAESI Act – Possession without Proper Delegation – Violation of Section 14(1-A) – Possession by Additional Commissioner of Police without being an officer subordinate to the District Magistrate (ADM) – ADM's order delegating powers found beyond statutory limit – Held: Possession taken contrary to the SARFAESI Act and violative of Article 300A – Illegal po...