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...
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...
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 ...
Accident Claim - Motor Vehicles Act – Permit Violation – Absence of Permit – Breach of Policy – Insurance Company Liability – Claimant sustained grievous injuries while working as cleaner in offending truck – Accident occurred in State of Madhya Pradesh – Evidence on record (Ex.D-7, Ex.D-9) showed permit authorised vehicle only for Delhi, U.P., Rajasthan a...
Execution Proceedings – Lok Adalat Award – Maintainability of Execution Petition – Fresh Registered Lease Deed – Decree holder sought eviction by filing execution petition on the basis of Lok Adalat award – Judgment debtor contended that subsequent registered lease deed superseded compromise decree – Trial Court held execution petition not maintainable – H...
Consumer Protection – Transfer of Complaint – Section 62 – Powers of National Commission – Applicant’s insurance claim repudiated – Complaint filed before State Commission dismissed for want of pecuniary jurisdiction – Subsequent complaint before District Commission proceeded up to final hearing stage – Matter repeatedly returned and transferred betw...
Income Tax – Co-operative Society – Deduction under Section 80P(2)(a)(i) – Interest on Bank Deposits – Assessee, a co-operative housing/credit society, earned interest from savings bank account maintained with Axis Bank – Assessing Officer disallowed deduction holding interest income taxable under Section 56 relying on Totgars Co-operative Sale Society Ltd. and Citize...
Civil Writ - Religious Institution – Malabar Devaswom Board – Scheme of Administration – Temple governed by statutory scheme framed in 1948 – Petitioner claiming hereditary trusteeship and private temple status – Records disclosed existence of valid scheme under HR&CE Acts of 1926 and 1951 – Temple notified under Section 38 of the Act – Suppression of ...
Deemed Conveyance – MOFA Section 11 – Article 227 – Scope of writ/supervisory jurisdiction – Challenge to deemed conveyance order/certificate, unilateral deemed conveyance deed, corrigendum/supplementary agreement and mutation on grounds of fraud, want of jurisdiction and breach of natural justice – Held: Competent Authority’s jurisdiction under Section 11 is li...
Education Law – Higher Secondary Examination – Change of Examination Centre – Writ Petition under Articles 226 and 227 – Petitioner institution conducting +2 Vocational Music Course since 2011 – Institution recognized and treated as unaided (not self-financing) – Claim for continuation as independent examination centre for Higher Secondary Examination, 2026 &nda...