Civil Law - Partition – Family Arrangement – Relinquishment of Share – Plaintiff claimed joint allotment in ancestral property along with her brothers under 1981 partition deed – Trial Court granted her 1/12th share – On appeal, High Court held that plaintiff and her mother had explicitly relinquished their share in favour of defendants 1 and 2 under Ex-B.34, the regi...
Civil Law – Title and Possession – Declaration and Recovery – Plaintiffs filed suit claiming title to Ava lands in Timmapuram village alleging wrongful classification as tank poramboke during 1960 survey – Defendants contended that land vested in Government post-abolition of Pithapuram Estate and was leased to Sanghams in 1976 – Trial Court decreed suit granting decla...
Civil Procedure Law – Execution of Decree – Power of Attorney – Validity of Execution Application Signed by Agent – Held Valid – Judgment-debtors challenged maintainability of execution application signed by decree-holder’s father acting as power of attorney – Contended POA was only for trial, not execution – Court held Rule 11(2) of Order XXI CPC al...
Civil Law - Telegraph Act – Compensation for Land Damage – Finality of District Judge's Decision – Appeals were filed by farmers challenging judgments passed under Section 16(3) of the Indian Telegraph Act, 1885 awarding compensation for damage caused by installation of transmission lines – High Court held that under Section 16(5), such decisions are statutorily final &...
Tax Law – CST Exemption – C Forms Mandatory – Industrial Unit claimed exemption under Assam Industrial Policy, 2008 – Exemption denied for 2010-11 on ground of failure to furnish mandatory “C Forms” under Section 8(4), CST Act – Petitioner argued that exemption under Section 8(5) can still be granted – Held: Section 8(5) is conditional upon complianc...
Civil Procedure – Amendment of Pleadings – Order 6 Rule 17 CPC – Trial Concluded – Plaintiff sought to amend plaint to correct typographical errors, add omitted Khasra numbers and names of co-sharers – Amendment allowed despite trial having concluded – Held: Amendments were minor, clarificatory, and necessary for complete adjudication of the partition suit &ndas...
Motor Accident – Compensation – Just Compensation – Enhancement – Deceased government officer earning ₹68,360/month died in vehicular accident – Tribunal failed to account for full salary, future prospects and proper consortium benefits – High Court corrected computation, applying correct salary, future prospects @10%, and appropriate deduction principles &nda...
Commercial Courts Act, 2015 – S.12A – Urgent interim relief – IP infringement – Delay per se does not negate urgency where infringement is continuing – High Court orders rejecting plaint set aside – Suit restored to be decided on merits [Paras 20-26, 27-28]
Commercial Law – Pre-Institution Mediation – Section 12A – Meaning of “contempl...
Service Law – Departmental Enquiry – Proof of Charges – TTE dismissed for alleged demand of illegal gratification and possession of excess cash – Primary complainant not examined and his written statement relied upon without opportunity for cross-examination – Other complainants did not support prosecution version – Held: Non-examination of key witness and contr...
Property Law – Injunction – Auction Sale – Challenge to possession – Appellants (legal heirs of original plaintiff) sought permanent injunction against Town Municipal Council (TMC) from interfering with their possession over suit properties – Plaintiffs originally filed suit for declaration of title, injunction and mutation of names in revenue records, but later restr...