Mortgage – Contribution vs Subrogation – Sections 82 & 92 TPA; Section 43 Contract Act; Order 34 Rule 2(1) CPC – Appeal partly allowed with remand – Co-mortgagor redeeming the decree by sale of his separate property claimed personal contribution in equal thirds under Section 43 – Held: Contribution arising out of a mortgage is governed by the special law in the Tr...
Family Law – Maintenance to Wife and Minor Son – Justified Separation – Wife alleged harassment, extramarital affair, and addiction issues – Husband claimed wife voluntarily deserted him – Family Court accepted wife’s version supported by criminal complaint and lack of evidence of reconciliation from husband – Held: Justified separation established –...
Consolidation Proceedings – Concurrent Findings – Interference by High Court – Limited Scope – Petitioners challenged orders of Consolidation Officer, Settlement Officer of Consolidation, and Deputy Director of Consolidation denying their claim based on a Will – All authorities recorded concurrent findings that Will was suspicious, not proved, and executed under quest...
Civil Writ - Transgender Rights – Indirect horizontality – Omissive discrimination – Reasonable accommodation – Private school recruitment – Second School denied employment after disclosure of gender identity; violation of Arts. 14, 15, 21 and ss. 3, 9 of 2019 Act – First School’s intentional discrimination not proved though grievance redressal deficient &...
Civil Procedure – Rejection of Plaint – Limitation – Order VII Rule 11(d) CPC – Article 59, Limitation Act – Cause of Action and Date of Knowledge – Suit for cancellation of sale deed filed after 25 years – Trial Court rejected plaint as time-barred – Appellate Court held limitation to be mixed question of fact and law and remanded matter for trial &...
Hindu Succession – Stridhan of Unmarried Woman – Hindu Law of Inheritance (Amendment) Act, 1929 – Act Inapplicable to Female Propositus – Appeal Dismissed – Dispute over succession to Bhimabai’s estate; rival claims by sister’s sons (plaintiffs) and paternal uncle’s son by adoption (defendant no. 4) – Held: Even assuming the estate was non-wata...
Civil Law - Succession Law – Revocation of Probate – Section 263 – Illustrative Scope – Division Bench held that the five explanations under Section 263 of the Indian Succession Act are illustrative and not exhaustive – Court emphasized that “just cause” is a flexible standard designed to empower courts to intervene in varied situations where revocation ma...
Tenancy – Lease by Receiver – Section 106, Transfer of Property Act – Monthly tenancy inferred – Defendant’s father originally held land under Prodhan’s patta (1913) – Kabuliyat executed in 1924 before Receiver was inoperative – Rent payments in 1925 and 1926 accepted by Receiver on behalf of estate created fresh tenancy – Held: tenancy from mo...
Succession to the impartible Bodinaickanur Zamindari - Impartible Zamindari – Overall Succession Dispute – Mitakshara & Primogeniture – All Appeals Dismissed – Estate held to retain joint family character; widow’s claim to zamindari rejected; third branch (Rajaya) entitled to succeed by lineal primogeniture; Boothipuram held separate/self-acquired of Kandasami dev...
Family Law – Matrimonial Property – Return of Gold Ornaments – Entrustment and Misappropriation – Wife alleged entrustment of 75 sovereigns of gold ornaments to husband as trustee post-marriage – Husband denied, relying on compromise agreement (Ext. A2) admitting only 38½ sovereigns – Held: Ext. A2 genuine and voluntarily executed – Oral evidence an...