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 ...
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...
Waqf Law – Right to Occupy Waqf Property – Encroachers – The petitioners claimed a right to occupy a Waqf property as descendants of the Waqif – The Waqf deed appointed the third and fourth sons of the Waqif and their descendants as Mutawallis, but did not specifically include female descendants or their heirs in the line of succession – The Tribunal held that the pet...
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...
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 – 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...