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...
Loan Recovery – Partnership Liability – Implied Authority – Plaintiff claimed loan of ₹2,33,800 was advanced to partnership firm through partner Avtar Singh – Trial Court found no evidence of implied authority or benefit to firm – Partnership deed not proved, and receipt not shown to be on behalf of firm – Held: Receipt Ex.P3 executed solely by defendant No.2;...
Senior Citizens Act, 2007 – Appeal under Section 16 – Right of Appeal – Maintainability – Whether appeal under Section 16 is maintainable only by senior citizens or parents or also by any aggrieved person – Larger Bench of High Court constituted due to conflicting views among coordinate benches – Held: Appeal under Section 16 is maintainable only at the instance...
Civil Writ - Recruitment Process – Assistant District Attorney (ADA) – Screening Test – Legality of Syllabus – Petitioners challenged the screening test syllabus notified under Advertisement No. 18 of 2025 for ADA posts which excluded legal subjects – Court held that the post of ADA being legally specialized, excluding legal subjects from the screening stage was arbit...
Civil Procedure – Order VII Rule 14(3) CPC – Reception of Additional Documents – Delay and Admissibility – Judicial Discretion – Trial Court allowed plaintiff’s petition to receive certain documents obtained under RTI Act during 2021–22 though produced belatedly in 2024 – Revision petitioner contended that documents were neither certified nor origina...
Hindu Marriage – Restitution of Conjugal Rights – Section 9 of the Hindu Marriage Act, 1955 – Appeal against decree – Allegations of cruelty, dowry demand, and suppression of husband’s mental illness not proved – No FIR or complaint filed – Evidence produced by wife unreliable and hearsay – Husband made genuine attempts to resume cohabitation which w...
Maintenance – Disclosure of Income – Remand Ordered – Wife claimed past and future maintenance without properly disclosing her employment and income – Trial court awarded maintenance of ₹2,88,000 to wife and ₹1,44,000 to child with future monthly maintenance of ₹8,000 and ₹4,000 respectively – High Court noted suppression of employment and salary of ₹13,500/...
Civil Law – Second Appeal – Scope under Section 100 CPC – Concurrent findings of Trial Court and First Appellate Court dismissing the suit for injunction upheld – High Court cannot re-appreciate evidence unless findings are perverse or contrary to law – No substantial question of law arises [Paras 5.16–6].
Transfer of Property – Unregistered A...
Civil Procedure – Rejection of Plaint – Court Fee – Suit for Damages – Order 7 Rule 11 CPC – Plaintiff claimed damages of ₹2 crore in suit for malicious prosecution but affixed only nominal court fee of ₹100 claiming tentative valuation – Held: When a specific amount is claimed, even if termed “tentative,” ad valorem court fee is mandatory under ...