Hindu Law – Women’s Property – Section 14(1) Hindu Succession Act – Absolute Ownership – Bellamkonda Hanumayamma, widow of Veeraiah, possessed her husband’s estate from 1941 and executed registered gift deeds (Exs. B-9, B-16 to B-19) in 1983 in favour of her nieces (Putti Seetharavamma and sons). Held: She was in continuous possession for over four decades&mdash...
Tenancy Law - Lease Rent Demand – One-time Lease Rent – Delay in Payment – Petitioner deposited one-time lease rent equivalent to 11 annual instalments on 08.01.2007 in accordance with prevailing GNIDA policy – Lease rent was payable by 16.01.2007, and payment made on 08.01.2007 was within the stipulated period – Held: There was no default attracting penal consequence...
Civil Procedure – Settlement under Article 142 – Property Dispute – 33-Year Litigation – Dispute over ownership and possession of valuable properties at Sunder Nagar, Delhi – Multiple legal heirs, transfers, Wills, and agreements complicated ownership – Supreme Court, exercising powers under Article 142, appointed Hon’ble Mr. Justice (Retd.) Vipin Sanghi a...
Religious Endowment – Execution of Compromise Decree – Dispute between two sects of Kuruba community over custody of idols and performance of pooja to deity Lord Sangalappa Swamy – Compromise decree passed on 01.11.1933 provided for rotational pooja, joint trusteeship, and shared possession of idols and articles – Execution Petition filed in 2000 alleging non-compliance by ...
Tenancy Law - Rent Control – Eviction on Ground of Wilful Default – Lessee initially paid rent at Rs.33,000/- p.m. against landlord’s claim of Rs.48,000/- – Rent Controller fixed fair rent at Rs.2,43,600/- p.m. with effect from 01.02.2005 – Lessee neither sought nor obtained stay of fair rent order – Lessee continued paying lower amount despite finality of fair ...
Environmental Law – Protection of Delhi Ridge – Directions for Statutory Constitution and Functioning of DRMB – Supreme Court directs Ministry of Environment, Forest and Climate Change (MoEF&CC) to constitute the Delhi Ridge Management Board (DRMB) as a statutory body under Section 3(3) of the Environment (Protection) Act, 1986 – Earlier, DRMB functioned under court ord...
Arbitration – Appointment of Arbitrator – Bar of Limitation – Petition seeking appointment of arbitrator under Section 11(5) of Arbitration and Conciliation Act, 1996 dismissed as hopelessly barred by limitation – Claim based on alleged payments under a partnership agreement dated 20.09.2014 and property purchase on 04.05.2016 – Notice invoking arbitration issued only...
Motor Accident Claim – Insurance – Liability of Insurer – Gratuitous Passenger – Policy Conditions Breached – Five-seater vehicle carrying nine passengers – Tribunal held insurer and owner jointly and severally liable – High Court absolved insurer based on breach of policy terms – Supreme Court held that insurer having collected additional premium fo...
Civil Procedure – Rejection of Plaint – Maintainability of Appeal – Commercial Suit filed without Pre-Institution Mediation under Section 12A of CCA 2015 – Trial Court rejected plaint under Order VII Rule 11 CPC – Held: Rejection of plaint amounts to a 'decree' under Section 2(2) CPC – Such decree is appealable under Section 13(1A) of the Commercial Cour...
Service Tax – Real Estate Agent – Meaning and Scope – Agreements entered into by the respondent with Sahara India Commercial Corporation Ltd. (SICCL) for procurement, documentation, and facilitation of land transfer at a fixed average rate per acre – No separate consideration or commission for services – Profit/loss entirely contingent on difference between land purch...