Contempt of Court – Non-compliance of Court Directions – Land Acquisition – Original writ petition sought mandamus for return of land and compensation – High Court in 2003 recorded government’s assurance to hand over possession of unutilized land and pay compensation – Contempt petition filed due to non-compliance – High Court dismissed contempt petition s...
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...
Scheduled Tribe Certificate – Tokre Koli – Pre-Constitutional Documentary Evidence – Interpolation Allegation – Committee’s Order Quashed – Petitioner’s tribe certificate was invalidated by the Scrutiny Committee on the ground of interpolation in birth registers and school records – Court scrutinized the original records and found no substantial evid...
Civil Procedure – Rejection of Plaint – Scope of Order VII Rule 11 CPC – Held: The power to reject a plaint under Order VII Rule 11 is circumscribed by the averments in the plaint alone. The Court cannot embark upon a fact-finding exercise, look at the defense, or rely on external material at this stage. The Single Judge erred in recording a factual finding that the ancestor (Hor...
Civil Law - Partition – Joint Family Property – Claim by Daughters – Dismissal of Suit – Plaintiffs (daughters) sought 1/7th share in ancestral and purchased properties claiming fraudulent alienation by brother (Defendant No.1) – Courts below found that partition of ancestral property had occurred in 1966 via registered deed – Plaintiffs failed to challenge part...
Arbitration Law – Contract Interpretation – Rebate for Damaged Buses – Petitioner claimed rebate for 966 damaged buses – Held: The contract was for the "fleet" of buses available, not necessarily buses actually plying. Clause 1.1.1 of Schedule-VI specifically stated that 100% of buses may not be on road due to maintenance and no claims could be raised. The Arbitra...
Civil Law – Revenue Proceedings – Timely Disposal – Section 116 U.P. Revenue Code – Petitioner sought direction for early disposal of partition suit pending since 2022 – Held: Rule 109(10) mandates an endeavour to decide such suits within six months. The Presiding Officer is directed to decide the case within six months. [Para 9]
Legal Ethics – Lawy...
Civil Law – Rejection of Plaint – Order 7 Rule 11(d) CPC – Limitation – Suit for Specific Performance – Plaintiff filed suit in 2015 for an oral agreement allegedly made in 2008, asserting cause of action arose in 2010 when defendant sold land to third party – Held: Under Article 54 of the Limitation Act, the period is 3 years from the date fixed for performance...
Rent Control Law – Estoppel of Tenant – Challenge to Derivative Title – Context of tenant challenging the title of the landlord who claimed ownership via a Will – Held: Section 116 of the Evidence Act creates a statutory estoppel preventing a tenant from challenging the title of the landlord during the continuance of the tenancy. The petitioner-bank argued that the responde...
Hindu Law – Widow’s Right – Coparcenary Property – Agricultural Land – Injunction Granted – Trial Court wrongly held that widow (Veeramma) had no right over agricultural land under the Hindu Women’s Right to Property Act, 1937 – High Court held that such land is included within "property" in light of later Supreme Court decisions – Ve...