Civil Law – Ownership and Possession – Adverse Possession – Article 65, Limitation Act, 1963 – Plaintiff inherited property from her deceased husband – Defendant, plaintiff’s sister, claimed ownership based on alleged gift and alternatively adverse possession since 1971 – Mutation Entry No.49 showing defendant’s name cancelled in 1984 after inquiry r...
Banking Law – Guarantee and Mortgage by Power Agent – Co-extensive Liability – Power of Attorney – Respondent No. 7 executed General Power of Attorney in favour of wife authorising her to mortgage, guarantee and receive consideration – Power agent executed mortgage in favour of Axis Bank to secure loan granted to borrowers (Respondents 1–6) – Upon default,...
Judicial Officers – Disciplinary Proceedings – Bail Order – Alleged Extraneous Motive – Charge of Misconduct – NDPS Act – Section 167(2) Cr.P.C. – Rule 16, CCA Rules, 1958 – Officer dismissed for allegedly granting bail to accused under NDPS Act with oblique motive upon change of advocate – Enquiry Officer held charge proved – Full Court ...
Family Law – Partition Suit – Legal Heirship Disputed – Respondent-plaintiff claimed share in ancestral property as son of Godari Beeraiah through second wife Banamma – Trial court decreed the suit based on declarations and oral evidence – Appellate court found no conclusive proof of legal marriage between Beeraiah and Banamma – Plaintiff failed to produce birth...
Tenancy Law – Eviction – Default in Rent Payment – Concurrent Finding of Default – Defendant tenant failed to prove payment of rent for April, May, and July 2010 despite claim of postal delivery of cheques and court deposit – Courts below found the tenant in default based on unrefuted evidence and absence of cross-examination of landlord’s witnesses – Tena...
Labour Law – Unfair Labour Practice – Termination for Union Activity – Reinstatement with Backwages – Workers terminated allegedly for failing to produce original educational certificates after 5 years of service – Industrial Court found the action was selective, targeted only union members, and violated interim orders protecting employment – Held: Termination a...
Land Acquisition – Section 24(2) of 2013 Act – Compensation Enhancement – National Highways Act – Notification under Section 3A issued for acquisition of land for widening of NH-44 – Competent Authority awarded compensation @ ₹1220.88 per sq.m. – Petitioner sought higher compensation citing sale deeds of adjacent lands – Arbitrator under Section 3G(5) re...
Civil Law – Amendment of Pleadings – Order 6 Rule 17 CPC – Subsequent Events – Due Diligence – Petition against order of Appellate Authority rejecting amendment application – Petitioner sought to amend plaint to incorporate facts discovered during pendency of appeal based on Local Commissioner’s report showing new construction by respondent despite status ...
Property Law – Easement of Grant – Boundary Description – Appellant claimed right of pathway over ‘B’ Schedule property described as “common battai” in sale deed of 09.06.1964 – Contended that mention of pathway as boundary conferred easementary right – Held: Mere reference to a “pathway” as boundary does not amount to an express or...
Family Law – Return of Gold Ornaments/Istridhan – Recovery Claim – Marriage Gifts – Wife claimed 65 sovereigns of gold ornaments were entrusted to husband and in-laws – Family Court allowed recovery of 52.955 sovereigns or value thereof – Held: Photographs and evidence proved possession of at least 53 sovereigns – Admission of husband inconsistent – ...