Execution Proceedings – Decree Satisfaction – Error in Appropriation – Appellants (KSEB and its officer) challenged the order of the execution court allowing attachment of their bank account to recover Rs.1,05,841/- as alleged balance under an enhanced compensation decree – Court found that the execution court erred in appropriating the entire earlier deposit (Rs.2,91,761/-...
Public Interest Litigation – Allegations of Corruption – Vague and Unsubstantiated – PIL filed alleging illegal constructions and misuse of public office by newly appointed Lieutenant Governor of Ladakh and Jammu Development Authority – Petition contained bald and generalized allegations without any documentary evidence or reference to the alleged social media posts –...
Civil Procedure – Specific Performance – Judgment on Admission – Decree passed without trial – Trial Court decreed specific performance suit based solely on pleadings, holding defendants’ written statement to be evasive and constituting deemed admission under Order VIII Rule 5 CPC – Held: Not proper to dispose of suit under Order XII Rule 6 CPC when factual disp...
Judicial Service – Inter se Seniority in Higher Judicial Service – Annual 4-Point Roster – Loss of ‘Birthmark’ – Merit-cum-Seniority – Service in Lower Judiciary Not Relevant – Proposals for Extra Weightage / Quota for Promotees Rejected – Uniform Guidelines Issued Under Art. 142 – Directions to Amend State HJS Rules [Paras 38–52, 5...
Administrative Law – Termination of License – Writ Against APTDC – Maintainability – Petitioner challenged termination of license granted under agreement dated 03.10.2020 for operation of shop at Rushikonda Beach – Held: Though APTDC is ‘State’ under Article 12, disputes arising from license agreements are contractual and remedy lies in civil suit for dama...
Constitutional Law – Tribunal Reforms Act, 2021 – Validity – Reenactment of Struck Down Provisions – Challenge to Tribunal Reforms Act, 2021 on grounds of violating judicial directions issued in MBA (IV) and MBA (V) – Court found that impugned provisions in the 2021 Act merely replicated those in the 2021 Ordinance which had already been struck down – Age bar of...
Civil Law – Ownership Dispute – Relief of Mandatory Injunction – Appeal Dismissed – Plaintiff, sole owner of the property by virtue of registered gift deeds dated 6.7.2009 and 9.5.2014 executed by his mother Smt. Santosh Kumari, filed suit seeking possession from his brother (defendant) who was residing in a portion of the house as a licencee – Defendant contested, cl...
Partition Suit – Final Decree Proceedings – Acceptance of Commissioner's Report – Challenge to Allotment – Road Access – Petitioners challenged the order of the Senior Civil Judge accepting the report, partition map, and allotment sheets submitted by the survey knowing Amin commissioner in final decree proceedings – Objections raised included exces...
Succession Law – Probate – Will – Appeal – Probate petition filed by appellant (son of deceased Testatrix) seeking Letters of Administration based on unregistered Will dated 10.05.1989 – Learned Single Judge dismissed probate petition and allowed partition suit filed by other legal heirs – Held: Will proved through attesting witnesses and scribe – Suspicio...
Banking Law – Classification of Borrower Account as Fraud – Prejudgment in Show Cause Notice – Violation of Natural Justice – Action Set Aside – Petitioner challenged the show cause notice dated 28.02.2024 and the impugned order dated 07.08.2024 whereby respondent Bank of India reclassified the account of M/s Swati Mining Pvt. Ltd. as “Fraud” – Held:...