Mortgage – Redemption – Registered Mortgage Deed – Validity – Signature of Mortgagee – Section 59, Transfer of Property Act – Registered mortgage deed dated 11.11.1971 executed by mortgagors was discarded by courts below solely on ground that it was not signed by mortgagee – Held, Section 59 mandates signature only of mortgagor and attestation by two witne...
Civil Procedure Code – Res Judicata – Successive Suit on Same Cause – Plaintiffs claimed declaration of title and injunction over ancestral land alleging adverse possession – Earlier suit by plaintiffs' forefathers over same property dismissed and upheld up to Second Appeal – Present suit found to be between same parties over same subject matter – Held: Find...
Taxation - Motor Vehicles Act – Section 2(28) – Definition of “Motor Vehicle” – Construction Equipment Vehicles – Exclusion Clause – Dumpers, loaders, excavators, dozers, surface miners and similar heavy earth moving machinery used exclusively within factory or enclosed premises – Though mechanically propelled and capable of movement, vehic...
Civil Law – Possession – Proof of Title – Registered Documents Prevail – Plaintiff proved ownership of suit property through perpetual lease deed dated 11.05.1971 and conveyance deed converting property into freehold – Municipal records, occupancy certificate, tax documents and statutory notices stood exclusively in plaintiff’s name – Defendants failed to ...
Contempt of Court – Non-Compliance with Supreme Court Directions – Payment of Arrears – Petitioners alleged willful breach of Supreme Court’s order dated 16.07.2024 requiring the State of West Bengal to comply with the Calcutta High Court’s judgment dated 03.09.2020 – Alleged that relief was not extended to all eligible part-time contractual teachers despite cle...
IBC - Insolvency and Bankruptcy Code – Section 7 – Application by Assignee Creditor – Rejected – UV Asset Reconstruction Company filed a Section 7 application against Electrosteel Castings Ltd. (ECL), asserting it was a guarantor for debt availed by Electrosteel Steels Ltd. (ESL) – Application rejected by NCLT and NCLAT on grounds that Clause 2.2 of Deed of Undertakin...
Service Law – Reservation – Cadre Allocation – Indian Forest Service Examination Rules, 2013 – A reserved category candidate who avails relaxation in the Preliminary Examination, an integral stage of the selection process, cannot be considered against unreserved vacancies for cadre allocation, even if they secure higher marks in the Main Examination and Interview than a gen...
Education Law – Issuance of Degree and Marksheets – Clerical Error – MB University Investigation – Appellant completed BA.LLB. (2017–2022) at Manav Bharti University and passed all exams – University failed to issue marksheets for 5th to 10th semesters and degree due to mismatch in admission disclosure list, despite appellant’s name being in internal green...
Urban Land Ceiling – Repeal Act – Abatement of Proceedings – Appellants in possession of sub-plots derived through sale deeds from original landowners after auction in favour of Society was cancelled – Competent Authority declared portion of land as excess under Section 10(3) ULC Act – However, notice under Section 10(5) was not served to appellants who were in actual...
Industrial Law – New Industrial Unit – Industrial Policy of 1989, Clause 2.7 – MM Plant unit qualifies as a new industrial unit – The MM Plant unit, established by Indo Flogates, made fixed capital investment after the effective date of the 1989 policy, was separately registered, independently powered, and commenced independent commercial production in 1992 – It const...