Motor Accident Claim – Proof of Income – Summoning Income Tax Records – Petitioners (legal heirs of deceased) sought summoning of Clerk of Income Tax Department and employer’s salary records to prove deceased’s income – Tribunal rejected application – Held: Petitioners failed to produce even basic bank account statement of deceased – Claimed salary p...
Civil Procedure – Execution of Decree – Civil Imprisonment – Order 21 Rule 37 CPC – Judgment-debtor ordered to be detained in civil prison for 3 months for non-payment of decretal amount of ₹7,06,177 – Petitioner argued non-compliance with Section 51 CPC and lack of opportunity to show cause – Held: Sufficient opportunity was provided; petitioner failed to fur...
Tax Law – Repossessed Vehicles – VAT Liability – NBFC classified as dealer – Sale of hypothecated vehicles by NBFC without borrower’s consent held taxable – High Court relied on Division Bench ruling in Cholamandalam Investment – Held: NBFCs executing repossession and sale of vehicles for debt recovery fall within definition of ‘dealer’ under S...
SARFAESI Act – Availability of Statutory Remedy – Maintainability of Writ Petition – Borrower filed writ petition seeking installment facility and return of possession of mortgaged property – Learned Single Judge permitted repayment in installments and ordered return of possession upon part payment – Held: Writ petition not maintainable as borrower had not challenged ...
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 ...
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...
Local Bodies – Panchayat Jurisdiction – Obstruction of Pathway – Petitioners issued notice by Gram Panchayat to remove obstruction allegedly placed on public pathway – Petitioners claim the pathway lies within their granted land – Dispute also pending in O.S. No. 299/2017 before Civil Court – Held: Since matter involves disputed questions of title and access, an...
Land Revenue – Mutation Entries – Competing Claims – Dispute over entry of name in revenue records concerning 30 guntas in Sy.No.155/1 – Appellant claimed title through Jayaramaiah based on Inams Abolition grant of 5 acres 4 guntas – Respondent No.5 traced title to Appashetty based on separate Inam grant and mutation in 1962 – Held: Appellant failed to establish...
Land Acquisition – Redetermination of Compensation – Section 28-A of Land Acquisition Act, 1894 – Beneficial Construction – Limitation – Award of Enhanced Compensation – Maintainability – Applicability of Banwari v. HSIIDC, 2025 AIR (SC) 165 – Section 28-A is a beneficent provision intended to remove inequality among landowners whose lands were acqui...
Motor Accident Claims – Maintainability of Revision – Award Below Threshold – Petitioners (owner and driver) sought to challenge award of Rs.21,380/- passed by Motor Accident Claims Tribunal via Article 227 petition – Contention raised that appeal barred under Section 173(2) MV Act but revision not expressly prohibited – Held: Revision petition not maintainable where ...