Muslim Law - Wakf - Creation of wakf - Requirements - Property dedicated for pious, religious, or charitable purposes - Express dedication or inferred from facts and circumstances - Long usage for religious or public charitable purposes - No evidence of express dedication or long usage in present case - Suit land not established as wakf property. [Para 25-30]
Wakf Act, 1954 - Notification decla...
Grant-in-Aid – Reduction of Aid Without Notice – Violation of Natural Justice – The petitioners, government-aided educational institutions, challenged the reduction of their grant-in-aid from 90% to 80% without providing any notice or reasons for the change – Held: The court found that the reduction of grant-in-aid was carried out in violation of the principles of natural j...
Deficiency in Service – Delay in Possession – NCDRC's order partially allowing the complaint – Found delay in handing over possession of flats – Compensation awarded at 6% per annum interest on deposits from due date of possession to date of offer of possession – NCDRC's method for determining due date based on payment of 11th instalment and grace period held ...
Motor Vehicles Act – Section 163-A – Determination of Driver at Time of Accident – Contradictory Evidence – The claimant failed to clarify in the application who was driving the motorcycle at the time of the accident. The First Information Report (Exhibit A-1) and Merg Intimation (Exhibit A-2) suggested that the deceased, Vinod Kumar Dhruv, was the one riding the motorcycle...
Admissibility of Unstamped Agreement to Sell – Appellant contends that an unstamped agreement to sell dated 04.02.1988 should be admissible as secondary evidence under Section 65 of the Evidence Act. The key question is whether Section 35 of the Indian Stamp Act, barring the admissibility of unstamped instruments, applies to this agreement. [Paras 1-7]
Interpretation of Section 35 of the ...
Eviction and Recovery of Possession – Frivolous Litigation – Delay Tactics – The court addressed a suit for eviction and possession that has been pending for 34 years. Despite the original plaintiff and defendant passing away, the litigation continued through legal heirs. The petitioner/defendant sought to challenge interim orders, raising issues the court found to be frivolous a...
Motor Vehicle Accident – Compensation Enhancement – Appeal against compensation awarded under Section 173 of the Motor Vehicles Act, 1988, for the death of a 23-year-old in a road accident – Tribunal awarded ₹5,21,000 as compensation – Appellant claimed inadequate compensation, contesting the tribunal's assessment of income and personal expenses deduction – Cour...
Tenancy Law – Right to Cross-Examination – Section 21(2)(a) of the Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017 – The tenants sought to reopen and recall the evidence of P.W.1 for cross-examination, which was dismissed by the Rent Controller – Held: A tenant does not have the right to cross-examine in proceedings under Section 21(2...
Eviction Suit – Service of Notice – Section 12 of the Bombay Rent Act – Eviction Upheld - The petitioners challenged the decree directing them to hand over possession of the suit premises and pay arrears of rent – The Appellate Court reversed the Trial Court's decision by holding that the demand notice was validly served despite being addressed to a different address wh...
Property Law – Joint Ownership – Validity of Sale Deed – Appellant purchased property based on sale deed executed by one co-owner without partition – Trial Court dismissed suit for lack of possession, but First Appellate Court reversed decision, disbelieving family settlement and ruling no partition had occurred – High Court affirmed this decision – Held: Sale d...