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...
Revenue Law – Private Lease under Section 94 – Locus Standi – Petition Dismissed – Petitioner, who was a rival applicant for IOCL dealership, challenged a private lease deed executed under Section 94 by alleging it was contrary to permitted use under the Code – Held: Petitioner is neither lessor nor lessee, nor owner or co-sharer of the land, and thus has no locus sta...
Foreign Contribution (Regulation) Act, 2010 – Compounding of Offence – Section 41 FCRA – Effect of Compounding – The petitioner received foreign contribution without prior permission, which was a technical contravention of the FCRA – The offence was subsequently compounded by the Ministry of Home Affairs upon payment of a compounding fee – Once an offence is com...
Prevention of Money Laundering Act, 2002 (PMLA) – ECIR – Quashing – Maintainability – An ECIR is an internal administrative document, not equivalent to an FIR, and its quashing is generally declined in writ jurisdiction unless there are clear jurisdictional defects, such as the absence of a scheduled offence or violation of statutory safeguards – The ECIR in this case...
Partition Suit – Intestate Succession – Christian Law – Oral Family Settlement – Claim Rejected – Plaintiffs and defendant, children of deceased K.M. Marykutty, inherited her property including ‘MGM Lodge’ upon her intestate death – Defendant claimed exclusive right based on alleged oral family settlement and plea of adverse possession – Trial ...
Tender Conditions – Judicial Review – Turnover Criteria – Challenge to Clause 5.2 of the tender document prescribing a minimum annual turnover of ₹9 crores for eligibility and awarding marks based on turnover brackets – Petitioner alleged the clause to be arbitrary, vague, and designed to favour a specific class of bidders – Held: Tender inviting authority justified...
Town Planning – Master Plan – Correction in Land Use Map – Petitioners’ land shown as Green Zone-1 (G-1) despite being beyond 100 meters from Full Tank Level (FTL) of Fatehsagar Lake – Clause 5.6.2 of Master Plan defines G-1 as within 100 meters – Court finds no government notification or judicial declaration placing land in G-1 – Held: Erroneous classific...
Contract Law – Rescission of Railway Contract – Forfeiture of Security Deposit – Petitioner awarded contract for re-spacing of SC sleepers under N.F. Railway – Work halted due to technical variation – Petitioner submitted multiple representations seeking approval of variation and extension of time – Railway issued show-cause notices under Clause 62 of General Co...
Hindu Marriage Act, 1955 – Section 13B(1) – Waiver of One-Year Separation Period – The statutory period of one year separation prescribed under Section 13B(1) of the HMA as a pre-requisite for presenting the first motion can be waived by applying the proviso to Section 14(1) of the HMA – It is legally permissible for a court to entertain a first motion even prior to the exp...