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 ...
Criminal Law – Quashing - Prevention of Money Laundering Act, 2002 – Predicate/Scheduled Offence – Closure Report Accepted – Effect – Continuation of PMLA Proceedings – ECIR registered by ED, Kolkata was admittedly founded on two Kolkata FIRs treated as scheduled offences – Both FIRs culminated in final/closure reports on the ground of mistake of fact and ...
Succession Law – Registered Will – Suspicious Circumstances – Reversal of Appellate Court Judgment – Plaintiff claimed ½ share in suit land based on Will executed by father Sardara Singh – Defendants challenged Will citing testator’s terminal illness, proximity of death, delay in disclosure, and dubious attestation – High Court held that mere regist...
Hindu Marriage Act – Divorce on grounds of cruelty and desertion – Wife’s abusive conduct, repeated complaints, abandonment of child and refusal to cohabit proved – Custody of minor child with father upheld – Permanent alimony of Rs.20,000 per month justified – Appeals dismissed [Paras 17–24].
Cruelty – Section 13(1)(i-a), Hindu Marriage Act &ndas...
Service Law – Recruitment to Ashram Hostels – Advisory Committee – Chairman and Convener – Recruitment Notification dated 07.01.2025 issued by Chairman-cum-Convener of Block Level Advisory Committee under Resolution dated 11.12.2006 – Petitioner contended that as per later order dated 18.12.2024, Headmaster/Teacher-in-Charge should act as Member-Convener – Held:...
Civil Law – Abatement – Impleadment of Legal Heirs – Delay – Appellant failed to timely implead legal heirs of deceased second respondent, who died in 2017 – Legal heirs’ details were brought on record in 2022, but application for condonation and impleadment filed only in 2024 – High Court dismissed entire revision petition as abated – Held: High Cou...
Service Law – Regularization of Teachers – Bihar State Universities Act, 1976 – Section 57(A)(6) – Quashing of rejection order – The State Government rejected the University's proposal for confirmation of 67 teachers, including the petitioners, on the ground that Section 57(A)(6) of the Bihar State Universities (Amendment) Act, 2015, was not applicable to teachers...
Motor Accident Claim - Compensation – Permanent Disability – Functional Disability – Appellant, a Patwari by profession, sustained 65% permanent disability including hemiparesis and knee stiffness – Tribunal awarded ₹1,30,000 under this head – High Court held that functional disability should be considered at 50% considering nature of employment – Monthly inco...
Civil Law – Specific Performance – Proof of Agreement – Plaintiff claimed agreement for sale dated 14/12/1990 and power of attorney dated 04/12/1990 executed by defendant – Court held that agreement for sale not required to be attested under Section 68 of Evidence Act – However, execution not proved as per Section 67 – Admitted absence of signatures of executant...
Hindu Marriage Act – Divorce on ground of cruelty – Allegations of dowry demand, forced medical tests, attempted strangulation and harassment – Evidence found unsubstantiated – Reliance on evidence from separate proceedings impermissible – No cruelty proved – Dismissal of divorce petition affirmed [Paras 10–26].
Cruelty – Standard of Pro...