Civil Law – Rejection of plaint – Bar under special statute – Respondent/plaintiff filed civil suit challenging SARFAESI proceedings and seeking declaratory and injunctive reliefs, primarily on the basis that the deceased borrower (plaintiff’s husband) had availed insurance – Defendant/petitioner financial institution filed application under Order VII Rule 11 CPC for ...
Registration – Sub-Registrar’s Powers – Refusal Memo – Third-Party Objections – Sub-Registrar refused registration citing rival claim based on alleged prior unregistered agreement – Held: Registrar has no authority to adjudicate title disputes or act on police complaints/letters – Only grounds under Rule 162, Sections 22-A & 22-B are valid for refusal ...
Lease Agreement – Termination by Lessee – Clause 17 – Lessee issued termination notice citing COVID-19 pandemic and force majeure – Termination under Clause 17 requires three months’ notice – Lease held terminated w.e.f. 15.12.2021 – Acceptance of termination by lessor does not amount to waiver of rent liability prior to termination [Paras 32–38].
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Declaration of Title – Gift Deed – Prior Partition – Second Appeal – Trial Court dismissed suit holding that donor had no title due to earlier family partition of 1958 – First Appellate Court reversed decree relying on revenue records and gift deed – High Court examining divergent findings – Held: First Appellate Court erred in ignoring categorical admissi...
Civil Law – Forensic Examination – Alleged Tampering of Sealed Documents – Mere Apprehension – No Foundational Basis – Administrative Enquiry Found No Tampering – Photocopies Identical to Originals – Article 227 Petition Dismissed with Costs [Paras 2, 5–8].
Evidence Act – Section 45 – Forensic Examination – Mere Apprehension Insu...
Property Law – Ownership and Possession – Competing Sale Deeds – Plaintiff claimed ownership of 2.5 marlas on basis of Sale Deed dated 07.03.2011 from Nanak Singh – Defendants relied on earlier Sale Deed No. 406 dated 13.02.1998 (registered 20.02.1998) executed by Dharam Singh in favour of Kuldip Singh – Plaintiff failed to prove that Nanak Singh ever owned or possess...
Petroleum Retail Outlet – Withdrawal of LOI – Rural vs. Regular Classification – LOI revived – BPCL invited applications for Rural Outlet at specified location; petitioner complied, invested, and nearly completed setup – Later LOI withdrawn citing site being on State highway – Held: Misrepresentation, if any, was by respondent company itself; cancellation arbitr...
Contempt of Courts – Appeal against discharge of contempt rule – Though no appeal lies under Section 19 of Contempt of Courts Act, Letters Patent Appeal maintainable where Single Judge travels beyond contempt jurisdiction, adversely affects substantive rights and reopens parent order – Impugned order set aside – Contempt rule revived [Paras 20–22, 96–101].
Co...
Succession Law – Conflicting Wills – Probate – Registered Will vs. Unregistered Will – Two first appeals arising from a common judgment rejecting probate of unregistered Will dated 25.5.2002 and granting probate for registered Will dated 20.9.1996 – Trial Court held registered Will valid and subsequent Will fabricated – Held: Second Will surrounded by suspicious...
Permanent Injunction – Possession – Second Appeal – Trial Court dismissed suit holding plaintiff not in possession and pointing out discrepancies in pleadings and measurements – First Appellate Court reversed the judgment on reappreciation of oral and documentary evidence and granted injunction – High Court examined divergent findings – Held: No perversity or er...