Family Law - Tribal Succession – Gender Equality – Burden of Proof – Scheduled Tribe (Gond) – Ancestral Property – Daughter’s Right to Inherit – Error in Law by Lower Courts – Appeal Allowed – Matter Remanded – Plaintiff, a daughter of deceased tribal father (Gond community), sought 1/5th share in ancestral house property – Trial Co...
Family Law – Transfer of Matrimonial Proceedings – Section 21-A, Hindu Marriage Act – Both husband and wife filed divorce petitions in different courts within Maharashtra – Husband’s petition filed first before Family Court, Bandra; wife’s later petition before Civil Judge, Senior Division, Kalyan – Held: Section 21-A(2)(b) mandates that the later petition...
Execution Proceedings – Obstruction by Judgment Debtor – Plea of Tenancy – Barred by Res Judicata/Estoppel – Appellant (4th defendant) claimed tenancy rights in execution proceedings under Order 21 Rule 97 CPC – Trial Court had earlier in O.S. No. 71/2012 held appellant was not a tenant – No appeal filed against that finding – Held: Appellant estopped from...
Public Interest Litigation – Road Safety – Median Cut Closure – Dismissal of PIL – The petitioner sought reopening of a median cut on National Highway No. 44 near village Khari, which was earlier closed due to safety concerns following accidents – The National Highways Authority of India submitted that the closure was based on recommendations from a Road Safety Audit ...
Motor Accident – Determination of Income – Presumptive Basis – Admissibility – Deceased was owner of loader vehicle and paying monthly EMI of ₹18,250 – Tribunal presumed additional earnings of ₹7,000/month to support his family of five dependents – Held: Tribunal justified in estimating income at ₹25,250/month in absence of documentary proof – Suppor...
Civil Procedure – Advocate Commissioner – Identification of Land – Appointment Set Aside – Trial court permitted appointment of Advocate Commissioner to identify suit land in Sy.No.125/E3 at the instance of the plaintiff relying on a sada bainama lacking boundary descriptions – High Court held that such appointment at preliminary stage amounted to collection of eviden...
SC/ST Act – Anticipatory Bail – Bar Under Section 18 – Prima Facie Case – Appellant sought pre-arrest bail in FIR alleging public insult of complainant belonging to Scheduled Caste by using caste-based slurs – Held: Prima facie, allegations attract Section 3(1)(r) of SC/ST Act – Abuse was specific, caste-based, and made in public view while complainant was disch...
Civil Procedure – Rejection of Plaint – Order VII Rule 11(a) & (d) CPC – Cause of Action and Limitation – Respondent filed suit for partition, possession, and injunction in respect of jointly purchased house – Property transferred by registered gift deed dated 02.12.2014 and corrected by deed dated 05.08.2015 – Respondent alleged fraud and misrepresentation ...
Motor Accident Compensation – Quantum Awarded in Excess of Claim – Just Compensation – Tribunal awarded ₹1.3 Crores against claimed ₹82 Lakhs – Insurance Company objected to grant of compensation beyond claim – Held: Under Motor Vehicles Act, 1988, courts and tribunals are empowered to grant “just compensation” irrespective of claimed amount – So...
RERA Appeal – Pre-deposit Requirement – Section 43(5) of RERA Act – Appeal Dismissed – The Appellant Welfare Society challenged the RERA Appellate Tribunal's dismissal of its appeal for non-compliance with pre-deposit mandate, arguing that it was not a "promoter" under the Act – Held: Constitutional validity of Section 43(5) already upheld by the Supreme...