Partition Suit – Nature of Property – Hindu Succession Act, 1956 – Section 6 vs. Section 8 – Plaintiff claimed that her grandfather’s properties were self-acquired and sought partition—Defendants contended that the properties were ancestral and already partitioned by a registered deed dated 19.12.1973—Held: Plaintiff failed to prove that properties were se...
Education Law – Withholding of Original Certificates – Petitioner, an MBBS student, withdrew mid-course due to health reasons and sought return of original certificates for admission to another university – Respondent institution withheld certificates citing pending balance fee for IV and V year – Held: Retaining original documents of a student is not a lawful means for fee...
Civil Law – Interim Injunction – Prima Facie Case – Plaintiff sought injunction to restrain defendants from raising construction on agricultural land allegedly belonging to his ancestors – Claimed defendants obtained revenue entries fraudulently during consolidation – Courts below rejected injunction holding no prima facie title established and possession with defenda...
Tenancy Law - Rent Control – Eviction – Bona Fide Requirement – Reconstruction of Building – Landlord sought eviction of tenant from commercial shop to reconstruct integrated block of 5 shops into hotel and restaurant for himself and his son – Son had undergone training and expressed intent to operate business – Courts below found requirement genuine – Hel...
Taxation Law - Indirect Tax – SVLDRS – Litigation vs. Arrears Category – Petitioner filed declaration under Litigation category under Section 124(1)(a) of Finance Act, 2019 – Tribunal’s remand order dated 30.12.2010 had relegated proceedings to show cause notice stage – Final quantification of duty remained pending as on 30.06.2019 – Held: Petitioner&rsquo...
Constitutional Law – Writ of Quo Warranto – Appointment of Additional Advocate General challenged on ground of insufficient experience and violation of State Litigation Policy, 2018 – Held: A writ of quo warranto lies only where appointment is contrary to statutory rules – Litigation Policy, 2018 does not have statutory force – It is merely a guideline and not enforce...
Consolidation Law – Post-scheme Allotment – Civil Court Jurisdiction – Consolidation scheme concluded in 1962 – Assistant Director passed order on 02.07.1964 under Section 21(4) allotting land from shamlat thola gordhan without amending the consolidation scheme and without notice to right-holders – Held: Once consolidation proceedings conclude, consolidation authoriti...
Education Law – Maintainability of Writ Petition – Jurisdiction of Tribunal – Appellant challenged Director's order rejecting claim for promotion to 7th post of Lecturer in Physics – Learned Single Judge dismissed writ petition holding that statutory remedy under Section 24-B of Odisha Education Act was available before the Tribunal – Held: Tribunal has exclusive ...
Limitation – Condonation of Delay – Restoration of Appeal – Second Appeal dismissed on 25.11.2019 for non-removal of defects despite peremptory order dated 14.10.2019 – Petitioners filed application to condone delay of 2096 days in seeking restoration – Plea that mother was conducting litigation and failed to inform sons held implausible – Petitioner No.1 had ea...
Judicial Service Examination – Answer Key Dispute – Preliminary Examination – Petitioner secured 58 marks against qualifying mark of 60 – Objected to final key answers to Questions 86 and 98 – Court held Question 98 answer inconsistent as options A and C were accepted, but B (a part of C) was disallowed – Held: Denial of mark for option B unsustainable – P...