Civil Law – Title Dispute – Compensation Allocation – Reversal of Lower Court Judgment – Appellant (Lakshmesh M.) claimed title to 1 acre and 12 guntas of land in Bangalore, which was granted to him by purchase from the original owner – Trial court upheld the Appellant’s title but awarded 30% of the compensation from the acquired portion to private defendants (m...
Landlord-Tenant Dispute – Resolution of dispute between petitioners (landlords) and respondent (tenant) concerning the demised premises, with the landlord being a Trust and the tenant occupying under a lease dated 01.10.1972 – Rent initially Rs. 2,000/-, enhanced to Rs. 3,328/- [Para 2].
Settlement Terms Agreed by Parties – Tenant agrees to ejectment order based on grounds in ...
Landlord-Tenant Relationship – Estoppel under Section 116 of Indian Evidence Act – The applicant was inducted as a tenant by the original landlord, Shri Ramakant B. Desai, and paid rent for several years – Held, a tenant cannot deny the title of the landlord during the tenancy – Applicants' claim that the property belongs to the housing society is not maintainable under...
Workman Status – Nature of Employment – Determination based on Work Profile and Burden of Proof – Labour Court erroneously determined employee as ‘workman’ solely based on management witness’s negative statements during cross-examination – Employee’s failure to provide material on nature of work performed – Court’s selective use of eviden...
Service Law – Termination – Probationer – Whether termination of a judicial officer during probation can be retrospectively reinstated – Held, once the termination order is set aside, the employee is deemed to be in service and is entitled to reinstatement and back wages – Supreme Court directs the High Court and the State to reinstate the appellant into service and a...
Constitutional Law – Maintainability of Writ Petition – Determination of whether the Army Welfare Education Society qualifies as a “State” under Article 12 of the Constitution – Supreme Court analyzes the nature of the society and its functions, concluding that it does not meet the criteria for a “State” – Writ petition under Article 226 is not maint...
Lease Property Dispute – Respondent’s lease to Appellants – Breach of lease terms – Suit for recovery of possession and arrears – Decree in favor of respondent [Paras 4-5]
Judicial Process and Appeals – Appellant’s appeal dismissed by District Judge – Further challenge in High Court under Article 227 – Writ petition dismissed for n...
Procedural Law – Condonation of Delay – Supreme Court dismisses application for condonation of delay of 1,633 days in filing SLP against High Court order dated 13.11.2009 – State of U.P. had knowledge of impugned order and was present during High Court proceedings – Inadequate follow-up and mismanagement cited as reasons for delay – Court finds no sufficient...
Constitutional Law – Arms Export License Cancellation – Petition under Article 32 for International Treaty Violations – Rejection by Supreme Court – Petitioners, including former civil servants and activists, sought directions to cancel licenses for exporting arms to Israel, citing India’s international obligations under the Genocide Convention and related treaties. T...
Property Law – Permanent Injunction – Suit for Injunction Simpliciter – Whether a suit for permanent injunction can be decreed without seeking a declaration of title when the title of the plaintiff is under dispute – Held, when a cloud is raised over the plaintiff's title, the suit for mere injunction is not maintainable without seeking a declaration of title – [P...