Succession Law – Scheduled Tribes – Applicability of Hindu Succession Act – High Court's direction to extend inheritance rights under Hindu Succession Act, 1956 to daughters in tribal areas of Himachal Pradesh – Held: Impermissible in law in absence of Central Government notification under Section 2(2) of the Act – Tribes remain governed by customary law unless no...
Civil Law - Will – Testamentary Construction – Effect of Multiple Contingencies – Appeal arose from a suit for possession by adopted son claiming that life interest given to one daughter (Nagammal) did not carry remainder to the second daughter (Gnanambal) – Held: Provisions of paragraph 5 of the will granting remainder to Gnanambal and her children remained effective despi...
Contempt of Court – Administrative Delay – No Wilful Disobedience – High Court had found the District Magistrate of Bhagalpur guilty of contempt for delay in executing an order to release a detenu – Supreme Court held that since the District Magistrate was away on tour and unaware of the order, he could not be held personally liable – Lack of intention to disobey was ...
Limitation – Condonation of Delay – State’s Appeal – Application under Section 5 of Limitation Act seeking condonation of 360-day delay in filing RSA – Explanation offered by State found vague, unsatisfactory and lacking bona fides – Court holds that law of limitation is founded on public policy and delay cannot be excused merely due to State's bureaucratic ...
Civil Procedure – Rejection of Plaint – Order VII Rule 11 CPC – Trial Court dismissed application for rejection of plaint filed by defendants – Plaintiff’s husband had entered into a registered AGPA and was put in possession after paying full sale consideration – Suit filed for declaration, injunction and cancellation of gift deed allegedly executed fraudulently...
Mokarrari Tenancy – Doctrine of Merger – No Coalescence Between Leasehold and Proprietary Interests – Plaintiffs contended that the mokarrari (leasehold) interest of Bisheshwar Dayal Singh merged with his acquired lakhraj (proprietary) interest, thus extinguishing the lease and passing complete title to them through a certificate sale – Held: Merger requires unity of title ...
Specific Performance – Offer and Acceptance – Statement of minimum acceptable price – No concluded contract – Owner’s cable “won’t accept less than Rs. 10,000” held to be a mere statement of lowest price/invitation to offer and not a counter-offer – Plaintiff’s subsequent “confirmation” was only an offer requiring owner’...
Specific performance - Contract Formation – Negotiations and Counter-Offer – Mere Statement of Lowest Price – No Concluded Contract – Specific performance denied – Defendant’s cable “won’t accept less than Rs. 10,000” was not a counter-offer but a statement of minimum price – Plaintiff’s letter of 14th August confirming his “o...
Specific Performance – Restitution under Section 65 Contract Act – Alternative relief on defendant’s plea – Appeal partly allowed – Plaintiff’s claim for specific performance rejected on concurrent findings that no concluded contract or part performance existed – Nevertheless, where defendants themselves pleaded receipt of Rs. 30,000 as a loan, Court can g...
Appellate – Additional Evidence – Order 41 Rule 27 CPC – Improper Exercise of Discretion – The appellate court must itself “require” additional evidence due to an inherent lacuna preventing judgment; admission is not justified merely because a party later discovers documents – District Judge allowed extra evidence even before hearing the appeal and without...