Compassionate Appointment – Delay of nine years – SBI scheme withdrawn w.e.f. 04.08.2005 – Death in 2003 but application filed in 2012 – Financial crisis long tided over – No vested right to appointment – Prayer rejected – Bank directed to process ex-gratia claim on submission of documents and to release family pension arrears without life certificate [Par...
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 –...
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...
Execution of Decree – Rejection Of Objections Under Section 47 CPC - Joint Decree Holders – Order XXI Rule 15 CPC – Maintainability of Execution Application – Judgment-debtors objected to execution of joint decree filed by only one decree-holder without express statement of acting for others – Held: Rule 15 is enabling – Express recital is not mandatory if it ap...
Succession Law – Hindu Succession – Self-acquired Property – Legal Heirship – Partition Suit – Property purchased in name of mother Ranganayaki held to be her absolute property – On intestate demise, devolved equally upon all four children – First defendant’s plea of benami purchase rejected as barred by Prohibition of Benami Property Transactions Ac...
Civil Procedure – Delay in Filing Written Statement – Condonation Refused – Petitioner, a government body, filed written statement over two years after service of summons dated 01.07.2019 – Trial court had earlier closed right to file WS on 26.09.2020 – Application under Section 151 CPC and Section 5 Limitation Act rejected – High Court upheld the order – ...
Environment & Wildlife Protection – Saranda Forest – Mandamus directing Jharkhand to notify 31,468.25 ha (minus six mining-zone compartments) as Wildlife Sanctuary – State’s shifting stands deprecated – FRA rights fully protected – Mining prohibited within 1 km of boundary – Ancillary SAIL infrastructure unaffected [Paras 45–47, 72, 83–101,...
Insurance Law – Boiler & Pressure Plant Policy – Repudiation of Claim – Explosion in registered boiler occurred during currency of fitness certificate – Insurer failed to prove suppression or pre-existing defects – Exclusion Clause 5 not attracted where defects surface only after explosion – NCDRC order set aside; claim restored for determination of quantum ...
Consumer Protection Act – Definition of Consumer – Commercial Purpose – Corporate purchase of business automation software held directly connected to profit-generation – Not covered by self-employment exception – Held: Appellant-company is not a “consumer” under Section 2(1)(d); complaint not maintainable; appeal dismissed [Paras 15–18, 21–28]....
Service Law – Departmental Proceedings – Misappropriation – Judicial Review – Gramin Dak Sevak/Branch Postmaster found to have misappropriated public funds; admitted guilt and later deposited amounts – Inquiry conducted with full opportunity; no procedural violation – High Court set aside removal by reappreciating evidence and accepting new plea of coercion &nda...