Hindu Marriage – Divorce – Cruelty and Desertion – Denial of Relief – Husband sought dissolution of marriage under Sections 13(1)(a) and (b) HMA – Alleged cruelty, false accusations, and desertion by wife – Family Court found husband failed to prove cruelty of grave nature – Court also found no animus deserendi by wife – Held: Husband had deserted th...
Contract Law – Term Sheet – Specific Performance – Appeal from Order dismissed – Term Sheet between Plaintiff developer and Defendant landowners provided for refundable deposit and joint development of land – Dispute arose on whether Term Sheet was a concluded and enforceable contract or merely an agreement to agree – Held: Validity Clause with Long Stop Date wa...
Constitutional Law – Articles 200 & 201 – Governor’s and President’s powers – Discretion – No deemed assent – Article 142 cannot substitute constitutional function – Decisions under Articles 200 & 201 non-justiciable – Only limited mandamus permissible for prolonged inaction – Article 361 immunity personal, but institutional actio...
Debt Recovery – SARFAESI Act – Priority of Secured Creditor – Section 26E of SARFAESI Act grants statutory priority to debts owed to secured creditors post registration – However, this statutory priority does not override a statutory “first charge” under a welfare statute such as EPF&MP Act – Held: While bank’s secured dues get priority over ordi...
Arbitration – Execution of Award – Objections by Legal Representatives – Arbitral award dated 12.07.2010 passed in favour of appellant was sought to be executed in Bombay against the father’s estate – Legal representatives (uncle and others) challenged execution by asserting non-party status and independent rights in the property – Held: Since the execution was ...
Property Law – Unregistered Sale Deed – Section 17 & 49 Registration Act – Section 53-A TPA – Document Written as Sale Deed, Not Agreement – No Registration – No Title or Possession Rights – Ex.B1 executed in 1983 for Rs.1100 treated as sale deed by defendant but unregistered – Held: Unregistered sale deed cannot convey title; inadmissible to pro...
Constitutional Law – Right to Travel Abroad – Article 21 – Denial of No Objection Certificate to government employee on ground of pending disciplinary proceedings – Held: Right to travel abroad is a facet of personal liberty protected under Article 21 – Executive instruction dated 28.01.2014 cannot override fundamental rights – Rejection of NOC amounts to uncons...
Civil Law – Fraudulent Decree – Family Settlement – Registration Requirement – Limitation – Concurrent findings upheld – Decree dated 01.04.1988 held fraudulent as Smt. Ram Bhuli never appeared, signed, or engaged counsel – No pre-existing right in appellant; decree compulsorily registerable – Unregistered consent decree conveys no title – Plai...
Registration Act – Assignment of decree – Specific performance – Nature of decree – No interest in immovable property created – Decree only confers a right to seek sale deed execution – Assignment of such decree does not fall under Section 17(1)(e) – Registration not compulsory – Contrary view in K. Bhaskaram overruled – Held: Assignment deed o...
Service Law – Compassionate Appointment – Fiduciary and Moral Obligation – Maintenance of Dependents – Widow of deceased government employee appointed as LDC under the Rajasthan Compassionate Appointment Rules, 1996, based on an affidavit undertaking to maintain her aged in-laws—subsequently abandoned them and began living separately—Petitioner, father of the de...