Execution Proceedings - Service of Judgment Debtor – Substituted service under Order V Rule 20 CPC was ordered without recording satisfaction that the appellant (JD No. 2) was evading service – Decree-holder failed to provide correct addresses available in official documents – Held: Service of JD No. 2 was invalid, rendering subsequent ex parte proceedings unsustainable [Paras 9-...
Civil Law - Waqf Property – Partition Deed – Section 51 and Section 104A of the Waqf Act – Partition Deed Not Void – The petitioners challenged the 1956 partition deed as being in violation of Sections 51 and 104A of the Waqf Act, contending it constituted an impermissible transfer of Waqf property. The court held that the deed did not involve transfer, sale, or exchange of...
Civil Law - Jurisdiction of Civil Courts – Bar under Section 34 SARFAESI Act – Interpretation of Tribunal Powers – Civil Court jurisdiction is not barred by Section 34 of the SARFAESI Act for matters beyond the scope of the Debt Recovery Tribunal (DRT)’s powers under Section 17 – Reliefs seeking declaration of sale and mortgage deeds as nullity, and possession of prop...
Micro, Small, and Medium Enterprises Development Act, 2006 – Writ Petition under Article 226 – Maintainability – Appellant challenged the order of the Micro and Small Enterprises Facilitation Council (MSEFC) under Section 18 of the MSMED Act in a writ petition – Issue of whether a writ petition can be entertained against MSEFC orders/awards – Held: Writ jurisdiction u...
Contempt Proceedings – Maintainability of Appeal – Section 19 of the Contempt of Courts Act, 1971 – No Punishment Imposed – Appeal Allowed – The appellants challenged the order passed by the Contempt Bench of the High Court, arguing that the proceedings and the impugned order were arbitrary and unjustified as no willful disobedience was evident. The Court held that th...
Property Law – Eviction under Maintenance and Welfare of Parents and Senior Citizens Act – Appeal and Writ Petition – Respondent No. 3 (mother) sought eviction of the appellant (son) under the Act, citing harassment – District Collector ordered eviction – Appellant challenged the eviction order in writ proceedings, citing lack of jurisdiction and violation of natural ...
Taxation Law – Disallowance of Input Tax Credit – Section 73 of the CGST Act – Petitioner challenged the denial of ITC on works contract services used for constructing shopping malls, citing inconsistency with the Supreme Court's ruling in Chief Commissioner of Central Goods and Services Tax v. M/s Safari Retreats Private Ltd. – High Court held that the assessment order...
Eviction Proceedings – Jurisdiction of Estate Officer under the Public Premises Act – Appellant alleged that proceedings under the PP Act were not maintainable due to the existence of bona fide disputes regarding lease renewal – High Court held that the Estate Officer has jurisdiction under the PP Act as the property is public premises and no ownership dispute exists – Dism...
Limitation - Delay Condonation – COVID-19 Limitation Extensions – GRT Refused Condonation – High Court Upholds – The petitioner sought condonation of 365 days' delay in filing a revision application before the Gujarat Revenue Tribunal, citing lack of legal awareness and the COVID-19 pandemic – Held: The petitioner was legally aware, having filed a civil suit in 20...
Accident Claim - Motor Vehicle Act – Limitation Period – Applicability of Section 166(3) – Delay Condoned – The petitioner insurance company challenged the Tribunal's order condoning a delay of 9 days in filing a claim petition under Section 166 of the Motor Vehicle Act. It was argued that Section 166(3), as amended in 2019, imposed a strict limitation period of six mon...
