Eviction – Unregistered Lease Agreement – Section 107 TPA – Clause Barred Eviction – Lease dated 11.07.1990 contained clause barring landlord from initiating eviction proceedings – Trial and revisional courts held the lease inadmissible as it was unregistered – Held: Clause 3 implied lease in perpetuity exceeding one year – Required registration under Sect...
Contract – Specific Performance – Registered Sale Agreement found to be security for loan – Plaintiff claimed execution of registered sale agreement with advance of ₹10,00,000 for sale of property – Defendant admitted execution but alleged it was only a security for a prior loan from plaintiff – Trial Court found no passing of consideration and dismissed suit &ndash...
Partition Suit – Impleadment of Proposed Vendees – Agreement to Sell – Order I Rule 10 CPC – Agreement to sell executed during pendency of partition suit by one co-owner in favour of respondent Nos. 4 and 5 – Trial court allowed impleadment – Held: Agreement to sell does not create any right or interest in immovable property under Section 54 of the Transfer of P...
Service Law – Disciplinary Proceedings – Natural Justice – Non-supply of Audit Report & Accounts – Absence of Personal Hearing – Rule 16(ii) of Helpers Service Rules – Opportunity of Hearing Must be Read Into the Statute – Disciplinary Orders Unsustainable – Writ Appeal Dismissed [Paras 7–8].
Natural Justice – Audi Altera...
Municipal Employment – Daily Wage Workers – Regularization – Employer-Employee Relationship – Perennial Duties – Labour Contract Society Plea Unsupported – 28 Years of Continuous Service – Application of SC Judgment in Shripal v. Nagar Nigam, Ghaziabad – Award Granting SSR Wages and Regularization Upheld – Writ Appeal Dismissed [Paras 7–1...
Property Law – Matrimonial Home – Ownership – Respondent-husband held exclusive title over suit property based on registered Sale Deed – Appellant admitted property was purchased in respondent’s name and made limited loan repayments – Held: No co-ownership or proprietary interest established by appellant – Mere payment of a few instalments or residence dur...
Stamp Act – Section 35 – Marking of unstamped/unregistered partition deed at interlocutory stage – Trial Court cannot compel payment of stamp duty and penalty before stage of evidence – Exhibits cannot be marked during IA hearing – Impugned order set aside – Matter remanded for decision on IA based on prima facie materials [Paras 5–8].
Stamp Act –...
Revenue Recovery – Auction of immovable property – Statutory remedy under Sections 37-A/38 not invoked – 30-day limitation mandatory – Interim stay on confirmation does not extend limitation – Deposit under court orders not equivalent to statutory deposit – Sale validly confirmed and rights accrued to auction purchaser – Challenge barred – Appeal dis...
Service Law – Dismissal – Unauthorised Absence – Back Wages – “No Work No Pay” – Earlier LPA Granted Only Pensionary Benefits – No Direction for Back Wages – Employee Did Not Perform Duty for Period 09.06.2001–22.10.2007 – Held, Dependents Not Entitled to Back Wages; Treatment of Absence as Duty Without Pay for Pension Purposes Prop...
Service Law – Regularization – Seniority – Discriminatory denial of parity with juniors – Committee’s earlier favourable recommendation ignored without reason – Second meeting convened without justification – State’s contradictory stand regarding appointment of private respondents – Condition denying seniority struck down earlier – Held: ...