Company Law – Misfeasance proceedings under Section 542 of Companies Act – Non-executive nominee directors’ application for deletion at threshold rejected – Interim freezing orders vacated – Matter to proceed to trial [Paras 29–41].
Company Law – Fraudulent Conduct – Section 542 of Companies Act, 1956 – Interim Relief Partially Granted &ndas...
Hindu Succession Act – Right of Preemption – Undivided Joint Family Property – Plaintiffs, being sons of deceased Balkrushna, filed suit against purchasers asserting right of preemption under Section 22 of the Hindu Succession Act – Suit lands held to be undivided joint family property descended from common ancestor Keshav – Plaintiffs and vendors (defendants 6 to 9) ...
Parole – General Parole – Purpose and Eligibility – Petitioner-mother sought general parole for convict son to supervise renovation of home – Convict undergoing 10-year sentence under POCSO and IPC Section 376(2)(i) – Court held that construction/repair of home is a valid ground for parole under Regulation 636(v) – Requisite period of incarceration completed &nd...
Property Law – Unauthorized Use – Mobile Tower on Private Land – BSNL erected a mobile tower on plaintiff’s land (Khasra No. 71) instead of the leased adjoining land (Khasra No. 70) – Demarcation by Local Commissioner confirmed tower was located 20 meters inside plaintiff’s property – Report of demarcation remained unchallenged – Trial Court’s ...
Ombudsman Jurisdiction – Temple Property – Public Pond – Scope of Section 271J of Panchayat Raj Act – WP(C) No. 14200 of 2024 filed by Cochin Devaswom Board challenged Ombudsman’s direction allowing public access to temple pond on the ground that it exceeded jurisdiction – WP(C) No. 20996 of 2024 filed by private individual sought enforcement of Ombudsman’...
Civil Law – Injunction – Alleged Encroachment – Suit for permanent prohibitory injunction and alternate relief of possession based on alleged encroachment on Khasra No. 721 by adjoining landowners in Khasra No. 722 – Plaintiff claimed existence of 3-meter-wide vacant land between the two constructions – Trial Court and First Appellate Court rejected claim based on con...
Hindu Succession – Applicability of 2005 Amendment – Succession Opened Prior to 1956 – Plaintiff claimed share in suit property based on amended Section 6 of Hindu Succession Act, 2005 – Trial and appellate courts rejected claim holding succession opened in 1950–51 on father's death, prior to 1956 – Held: Since father died before enactment of Hindu Successio...
Cooperative Societies – Personal Liability under Section 88 – Petitioners, former managers of Rupee Cooperative Bank, challenged concurrent findings of Authorized Officer and Appellate Authority holding them personally liable for financial losses – High Court held: Proceedings suffered from procedural irregularity, lack of individualized findings, and failure to establish causal ...
Criminal Law – Section 61(1)(a) of the Punjab Excise Act - Acquittal – Illegal Possession of Liquor – Compliance with Procedural Safeguards – Accused was acquitted by Trial Court in a case under Section 61(1)(a) of the Punjab Excise Act for alleged illegal possession and sale of country liquor – Trial Court found that the prosecution failed to comply with mandatory pr...
Property Law – Permanent Injunction – Co-sharer plea – Adverse inference – Concurrent findings – Suit land 32 marlas marked ABCD – Trial Court decreed injunction on possession; First Appellate Court affirmed – Defendant’s belated co-sharer argument inapplicable as he never pleaded joint status and instead set up exclusive claims (7 marlas with himsel...