Ownership Dispute – Sale Deed Executed Before Consent Decree – No Title Passed to Plaintiff – The appellant challenged the sale deed executed by his father, Sher Singh, in favor of defendant No.2 on 30.07.1990, claiming that the land was transferred to him through a consent decree dated 30.08.1991 – The courts below held that since the sale deed predates the consent decree,...
Motor Accident Compensation – Death of Injured Claimant Before Award – Whether Legal Heirs Can Claim Compensation – The injured claimant filed MAC No. 136 of 2016 but passed away before judgment was pronounced – The Tribunal awarded ₹3,60,400/- with 7% interest, but later refused substitution of his married daughter (Petitioner) and minor granddaughter as legal heirs &nda...
Civil Procedure – Impleadment – Order 1 Rule 3 CPC – Application by Travancore Devaswom Board to be impleaded as supplemental defendant in a suit for declaration of title and recovery of possession – Trial court dismissed application for failure to satisfy conditions under Order 1 Rule 3 – Revision petition filed against this dismissal – High Court upheld trial ...
Civil Law - Employees’ Provident Fund – Exemption Cancellation – Impact on Sick Industrial Companies – Petitioner’s EPF exemption was revoked in 2002, and demand notices were issued for outstanding contributions – Petitioner, declared a sick industrial company in 1995, contended that attachment proceedings violated its statutory protection – Held: Cancella...
Criminal Law - Contempt of Court – Alleged Non-Compliance with Court Orders – Evaluation of Demolished Structures – Petitioners sought contempt action for non-implementation of a High Court order directing engagement of a private structural engineer to assess compensation for demolished houses – Single Judge held that the failure to pay compensation constituted willful diso...
Civil Law - Deed of Gift – Validity of Execution – Absence of Fraud – Held: Execution of the deed of gift was valid and supported by corroborative evidence – No proof of fraud or misrepresentation – The donor voluntarily executed the deed and sought permission from the CIT, indicating her clear intention – The gift was made out of natural love and affection for ...
Matrimonial Dispute – Claim for Return of Gold Ornaments – Lack of Evidence – Rejection Upheld – The appellant-wife alleged that she was given 203 sovereigns of gold ornaments at marriage and that the respondents misappropriated them – The Family Court rejected the claim due to lack of concrete evidence regarding entrustment or misappropriation – Held: Mere asse...
Service Law - Juvenile Justice Act – Conviction as a Juvenile Cannot Disqualify from Public Employment – Termination Quashed – The petitioner, convicted as a juvenile under Sections 436, 457 & 380 IPC, was released on admonition without a sentence – The High Court ruled that under Section 19(1) of the Juvenile Justice Act, 2000, no disqualification can attach to such a ...
Civil Law - Property Ownership – Inheritance and Will – Claim for Full Ownership Rejected – The appellant sought full ownership of a house based on a Will executed by her mother, Kasturi Devi – The lower courts found no evidence that Harbans Lal (original owner) had transferred the property entirely to Kasturi Devi before his death – Held: In the absence of documentar...
Civil Writ - Right to Protest – Refusal of Permission for Rally – Article 19(1)(b) – Public Order Justification – The petitioners, an unregistered organization, sought permission to conduct a rally supporting law enforcement and condemning violence against the police – The Commissioner of Police denied permission citing potential communal tensions and difficulty in ma...