Company Law – Challenge to Sale Transactions – Validity of Board Resolutions – Appellant disputed the execution of sale deeds in favour of 36 purchasers alleging lack of authority and fraudulent resolutions – Court found that the board resolutions dated 12.01.1996, 10.02.1996, and 27.11.1999 were validly passed – Appellant was signatory to key resolutions and raised n...
Property Law – Agricultural Tenancy – New Tenure Land – Transfer without permission – Respondents (original plaintiffs) filed suit for possession of agricultural land after State dropped land acquisition proceedings – Appellant (original defendant society) took possession under MOU and claimed to have paid entire consideration – Courts below held land was new te...
Adoption – Applicability of Hindu Adoptions and Maintenance Act vis-à-vis Juvenile Justice Act – Jurisdiction of District Magistrate – Petitioner adopted a child through registered adoption deed following Hindu rites – Civil court decree declared adoption valid – Registrar of Births & Deaths rejected request to record names of adoptive parents in birth cert...
Civil Law - Land Acquisition – Review – Maintainability of Review – Earlier SLPs filed by appellants dismissed for non-prosecution – Held: Dismissal of SLPs for default does not bar maintainability of review petition – Doctrine of merger does not apply to non-speaking dismissal orders – Review petitions held to be maintainable under Order XLVII Rule 1 CPC [Paras...
Religious Institution – Classification under Endowments Act – Notification – Appellants challenged inclusion of Yogananda Ashramam as a public religious institution under Section 6(c)(ii) of A.P. Endowments Act – Evidence showed that Ashramam was established and maintained by founders' family without any public endowment, offerings, or public access – Court found ...
Intellectual Property Law – Passing Off – Trade Dress – Trinity Test – Suit for injunction in respect of packaging and get-up of coconut oil containers – Plaintiff’s packaging in yellow and green HDPE bottles used since 2006 – Defendant’s similar packaging introduced in 2017 – Trial court granted interim injunction restraining use of deceptivel...
Panchayat Law – No Confidence Motion – Statutory Notice Requirements – Mandatory Compliance – Resolution Not Accompanying Notice – Notice Invalid – Under Section 24(2)(c) of the Orissa Grama Panchayat Act, 1964, the Sub-Divisional Officer is mandated to issue a notice of the No Confidence Motion accompanied by both the requisition and a copy of the proposed reso...
Service Law – Disability Reservation – Retrospective Promotion – Visually impaired petitioner working as Mali in Forest Department since 1998 – Became eligible for promotion to Forest Guard in 2003 and Forester in 2013 – Promotions granted only in 2007 and 2021 after relaxation of rules – Government issued instructions in 2023 granting retrospective application ...
Civil Law - Temple Property – Fraudulent Decree – Pujari’s Lack of Ownership – Decree dated 10.01.1997 obtained by suppression, forged will, and concealment of necessary parties – Fraud vitiates all judicial acts – Pujari only a manager, not owner – Deity is juristic person; property vests in deity with State as guardian – Res judicata not attracted ...
Civil Law - Ex-parte Decree – Order 9 Rule 13 CPC – Non-issuance of Ordinary Summons – Registered Post Service Questioned – Failure of Courts to Consider Mandatory Service Requirements – Presumption under Section 27 General Clauses Act Rebuttable – Limitation & Date of Knowledge Ignored – Orders Set Aside and Matter Remanded for Fresh Decision [Paras 1...