Election Law – Election Petition – Affidavit in Form 25 – Allegations of Corrupt Practices – Substantial Compliance – Curable Defect – Interlocutory application filed seeking striking out of pleadings and dismissal of election petition under Section 86 of the R.P. Act on the ground that no affidavit in Form 25 was filed along with the election petition – H...
Education Law – Unrecognised Schools – Mandatory Recognition under RTE Act – Section 18 – Petitioners alleged that a private educational institution was being run without statutory recognition – Educational authorities found institution to be unrecognised and issued stop memo – Held: Running any school without recognition from the competent Government authority ...
Adverse Possession – Suit for Possession – Appeal under Section 96 CPC – Trial Court dismissed suit and declared defendants owners by adverse possession in respect of 170 sq. yards – During pendency of appeal, Court Receiver appointed and Architect’s report revealed defendants’ possession limited to 38 sq. metres (409 sq. ft.) – Parties maintained status q...
Civil Suit – Perpetual Injunction – Essential Requirement of Possession – Suit filed for injunction restraining interference with possession and alternatively for recovery of possession – Held: Actual possession on the date of filing of suit is an indispensable requirement for grant of perpetual injunction – Concurrent findings that plaintiff was not in possession on ...
Service Law – Adhoc / Work-Charged Service – Counting for Seniority and Pay Fixation – Respondents appointed as Clerks on ad-hoc basis by an authority not competent under the service rules – Posts not advertised and appointments made dehors the rules – Termination later held illegal by Industrial Tribunal with direction of reinstatement and full back wages – Hel...
Partition – Ancestral Property – Oral Partition and Family Arrangement – Validity – Suit Item No.1 admitted to be ancestral property in the hands of father – Ex-B2 Partition Agreement held to be memorandum recording prior oral partition and admissible in evidence – Subsequent oral family arrangement proved due to frustration of earlier arrangement caused by cour...
Insurance Law – Weather Based Crop Insurance Scheme – Disclosure of Material Terms – Duty of Insurer – Claims under WBCIS repudiated on the ground that adverse weather parameters on 13.05.2012 did not meet prescribed trigger points – Farmers alleged that detailed terms of scheme including wind-speed and rainfall trigger points were never disclosed – Held: Contra...
Land Acquisition – Applicability of 2013 Act – Section 24(1)(a), Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 – Held – Section 24(1)(a) of the 2013 Act applies to cases where land acquisition proceedings were initiated under the 1894 Act but the award was passed after the commencement of the 2013 Act – In s...
Family Law – Stridhan – Recovery of Gold Ornaments – Marriage Register as Evidence – Entry in SNDP Yogam Marriage Register showing quantity of gold worn by bride – Correction duly countersigned and supported by testimony of Secretary – Genuineness of register not challenged by respondents – Photographic evidence corroborating entry – Held: Bride poss...
Motor Vehicles – Fatal Accident – Stationary Tractor-Trolley at Night – Contributory Negligence Set Aside – Deceased motorcyclist collided with tractor-trolley parked on road in winter evening without reflectors/indicators/lights – Eye-witness testimony remained unimpeached – Driver admitted absence of indicators and stationary condition of vehicle – Crimi...