Civil Law - Property Dispute – Will Execution – Proof of Attestation – Sections 63 of Succession Act and 68 of Evidence Act – The plaintiff claimed ownership based on a 1936 Will executed by his grandfather, while the defendant contended that the property was ancestral and he had equal rights – Trial Court decreed ownership in favor of the plaintiff – Held: Unde...
Civil Law - Partition Suit – Classification of Land as Tank – Whether Partible – Plot No. 388 was originally recorded as a Jalasaya (waterbody) in revenue records—Appellant argued that tanks are not partible under law unless converted into general land—Trial court rejected this claim, holding that the plot lost its waterbody character and could be partitioned – ...
Taxation Law - Goods Seizure and Tax Evasion – Applicability of Section 130 TNGST Act – Prima Facie Case Against Petitioner – The petitioner challenged the confiscation of gold ornaments under Section 130 of the TNGST Act, arguing that the goods were transported solely for exhibition purposes and not for sale – The respondent alleged that the petitioner attempted to evade t...
Execution Proceedings – Validity of Sale Deed Executed After Attachment – Held: A sale deed executed after attachment of property in execution proceedings is void against claims enforceable under the attachment – Attachment was ordered on 02.08.2002, while the sale deed was executed on 11.06.2004 – Judgment Debtor was aware of attachment proceedings but still proceeded with...
Civil Law - Impleadment of Party – Necessary or Proper Party – No Interference Warranted – The petitioner challenged the Rent Controller’s order allowing the respondents’ application under Order 1 Rule 10 CPC for impleading Kuljinder Singh (petitioner's attorney) as a necessary party – The Court noted that the respondents had made specific allegations that t...
Judicial Service Law - Disciplinary Proceedings Against Judicial Officer – Judicial Immunity – Scope of Article 226 – Petitioner, a judicial officer, challenged disciplinary action initiated against him for awarding excessive compensation in motor accident claims cases – Petitioner contended that judicial decisions are immune from disciplinary scrutiny unless malice or extr...
Civil Writ - Service Law - Payment of Gratuity – Interest on Delayed Payment – Section 7(3-A) of Gratuity Act – Gratuity was withheld due to pending audit objections and disciplinary proceedings against the deceased employee – The amount was later disbursed, but the petitioners (legal heirs) sought interest for the delay – Held: Interest is not payable if the delay is...
Service Law - Government Service – Unauthorized Absence – Denial of Pension – Absence Regularized as Extraordinary Leave – Tribunal’s Direction for Inquiry Ignored – The appellant, a government employee, remained absent from service from 1987 to 2007 – The Tribunal directed the authorities to conduct an inquiry into her claim that she was wrongfully preven...
Property Law - Land Reservation – Lapse of Reservation – Section 49(7) of the MRTP Act – No Acquisition Within Prescribed Timeline – The property in question was originally designated as reserved for a private school under the development plan of Amravati – The original owners served a purchase notice under Section 49 in 2006, requiring acquisition within one year &nd...
Civil Law - Insurance Law – Non-Disclosure of Existing Policies – Material Suppression – Repudiation of Claim – The appellant’s father obtained a life insurance policy but failed to disclose multiple existing policies from other insurers – Insurer repudiated the claim on the ground of material suppression – National Commission upheld repudiation relying on...