Criminal Procedure – Quashment of FIR – Scope of Section 528 BNSS (Old Section 482 CrPC) – Inherent powers to be exercised sparingly – FIR cannot be quashed at threshold when allegations, taken at face value, disclose commission of cognizable offences – High Court cannot conduct mini-trial or evaluate defence material at investigation stage [Paras 6–11].
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Arbitration Law – Section 34 – Scope of Interference – Limited Judicial Review – Petition seeking setting aside of arbitral award directing borrower and guarantor to jointly and severally pay amounts exceeding Rs.43 crores with interest – Court reiterated that Section 34 does not permit reappreciation of evidence or appellate review – Award to be interfered with...
Writ Jurisdiction – Direction for Registration of FIR – Housing Project Dispute – Petitioners sought directions under Article 226 read with Section 482 Cr.P.C. for investigation by CVC/CBI and registration of FIR against NBCC and its joint venture partner for alleged violations of statutory directions, poor construction, misappropriation of funds and cheating – Held: High C...
Partition – Joint Family Property – Second Appeal – Divergent findings of Trial Court and First Appellate Court – Trial Court decreed suit for partition holding that suit schedule properties were ancestral and joint family properties and that alleged oral partition of 1972 and registered partition deed dated 21.12.2004 were not binding on plaintiffs – First Appellate ...
Civil Law – Partition – Settlement Deed Not Proved – Non-Impleadment of Legal Heirs – Suit Dismissed – Plaintiff claimed 2/3rd share based on 1994 partition and a 2005 registered settlement deed from his father – Defendants (legal heirs of deceased brother) denied the settlement and asserted oral partition – Trial court decreed partition, but First Appella...
Passport Law – Renewal of Passport – Pending Criminal Proceedings – Section 6(2)(f) of the Passports Act – Statutory Exemption under Section 22 – GSR 570(E) dated 25.08.1993 – Appellant’s passport expired during pendency of criminal proceedings before NIA Court and appeal against conviction before Delhi High Court – Criminal courts granted no objecti...
Civil Law – Gift Deed – Interim Injunction – Appeal Dismissed – Plaintiff executed a registered gift deed in 2015 transferring 2050 sq. yds. of land to the defendant – Later filed suit for declaration claiming gift was void due to non-transfer of possession – Said suit rejected under Order VII Rule 11 CPC as barred by limitation – Plaintiff then filed fres...
SARFAESI Act – Parallel Proceedings – Constructive Res Judicata – Petitioners challenged SARFAESI actions under Sections 13(2), 13(4), and 14 after having unsuccessfully litigated in earlier writ petitions and appeals up to the Supreme Court – Held: Present writ petition barred by constructive res judicata – Petitioners impermissibly sought to relitigate issues alread...
Civil Procedure – Impleadment – Necessary Party – Order I Rule 10(2) CPC – Suit filed for injunction with twofold prayer: (1) restraining defendants from interfering with plaintiff’s possession, and (2) restraining official defendants from altering Field Measurement Book (FMB) entries contrary to plaintiff’s sale deed – Revision Petitioner, who purchased p...
Property Law – Title – Ancestral Property – Declaration of Ownership – Burden of Proof – Plaintiff Failed to Prove Exclusive Title – Plaintiff claimed exclusive ownership over 'B' schedule property based on oral partition with his brother and subsequent possession – Defendant contended 1/3rd share through father Natarajan, son of third wife of orig...