Civil Procedure Code – Order 22 – Remand of Case – The proforma defendant No. 2, Janak Singh, died during the pendency of the suit, and the trial court passed a judgment without substituting his legal representatives – The lower appellate court remanded the case to the trial court to bring the legal representatives on record and decide the suit afresh – Held: The lowe...
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...
Employment Law – Appointment and Termination of College Lecturer – Termination Quashed – Appeal allowed - Post of College Lecturer (Philosophy) – The petitioner, Gauri Shankar Jinger, applied for the post in response to an advertisement issued on 12.01.2015 but was initially not selected due to not meeting the ‘good academic record’ criteria – Later, a not...
Civil Appeal – Dispute over lease of property – Litigation spanning several years – Appellant, the owner of the property, executed a lease deed with respondent no. 2 for 33 years – Suit premises sublet without permission – Legal notice issued for vacant possession after lease expiry – Respondent no. 2 claimed an oral extension of the lease – Wakf Tribunal ...
Civil Law – Change of Date of Birth – Repeated Litigation – The petitioner sought to change his date of birth from 10.04.1962 to 23.04.1964 after serving more than 10 years as an engineer – The claim was initially dismissed by the Trial Court, and subsequent appeals up to the Supreme Court were also dismissed – Despite multiple dismissals, the petitioner continued to ...
Constitutional Law – Right to Property – Threatened Demolition of Property – The petitioner, a co-owner of a legally constructed house, faced threats of demolition by municipal authorities after an FIR was filed against a family member – The petitioner argued that law should take its course against the accused, but the rest of the family should not be penalized through the ...
Property Law – Settlement and Adverse Possession – Appellant's claim of adverse possession and rightful ownership dismissed – The trial court and appellate court found the plaintiff-respondent in possession and use of disputed land as appurtenant to his house since the time of ancestors (Para 21) – Defendant-appellant failed to prove purchase from the zamindar, as claim...
Civil Law – Title and Possession – Will – The appellant's claim for declaration of title and recovery of possession was based on a will (Ex.A.1). The trial court dismissed the suit due to the appellant’s failure to establish her title and possession. The first appellate court affirmed the decision, citing discrepancies between the property claimed and the property descr...
Contract Law – Coal Supply Dispute – Appeal Dismissed – Coal Pricing – Colliery Control Order 2000 – Imposition of Add-on Charges - CCL imposed add-on charges over the base price of coal, which the appellant paid under protest. The appellant contended that under the Colliery Control Order 2000, only CIL was authorized to fix coal prices and that CCL had no power to im...
Service Law – Inter-Cadre Deputation – Order of Central Administrative Tribunal Set Aside – The petitioner, an Indian Forest Service officer from the Manipur Cadre, sought an extension of his inter-cadre deputation to Kerala for an additional two years due to personal difficulties – His initial deputation was granted on grounds of his father's old-age ailments and his f...