Property Law – Possession and Title – Plaintiffs sought direction for defendants to vacate and deliver possession of property and pay damages for illegal occupation – Defendants claimed property was ancestral and sale by predecessor was invalid – Court found sale deed executed by Mehanatha Mudaliar in 1995 valid and binding, plaintiffs perfected title – Defendants&rsq...
Requisition and Compensation – Land Acquisition Act, 1894 – Enhancement of Rent – Kolkata Municipal Corporation (KMC) challenged the enhancement of rent compensation assessed by the First Land Acquisition Collector – Respondent challenged a letter proposing a fresh inspection – Single Judge upheld the rent assessment but revoked the proposed inspection – Court f...
Commercial Dispute – Nature and Scope – Application filed by State Bank of India under Order VII Rule 11 CPC seeking rejection/return of the plaint on the ground that the suit involving allegations of fraud and misappropriation of funds by the bank manager does not constitute a commercial dispute under Section 2(1)© of the Commercial Courts Act – High Court observed that the...
Guardianship and Custody – Appointment of Guardian – Petition for appointment of the father as the guardian and grant of permanent custody of minor child – Petitioner remarried and employed in Muscat – Respondent mother also remarried – Child expressed preference to stay with the father – Child to relocate to Muscat for further studies – Petition allowed w...
Disciplinary Proceedings – Suspension and Punishment – Challenge to Orders – Petitioner was suspended pending enquiry and later issued a memo of charges – Charges included spreading false information via WhatsApp and unauthorized entry into a restricted area – Petitioner admitted to unauthorized entry but contested the other charges – Held, the formal enquiry wa...
Pension – Qualifying Service Calculation – Petitioner contested the calculation of qualifying service for pension, arguing that his entire period of service should be counted, including the time spent as a work-charge employee – High Court found the Tribunal and respondents adhered to the applicable guidelines (Oms dated 14.05.1968 and 10.03.1986) – Petitioner’s relia...
Land Acquisition – Change of Public Purpose – Petitioner's challenge to acquisition for a mandi, later repurposed for a school playground and building – Court holds repurposing still serves public purpose – No merit in petitioner's claim for land release [Paras 1-10].
Procedural Lapse and Delay – Petition dismissed on grounds of delay and latches ...
Easementary Rights – Implied Grant – Plaintiff sought declaration for the right to use a common staircase to access the terrace above his shops – Trial court granted partial relief, limiting access to the first floor – Appellate court extended rights to include terrace access – High Court upheld the appellate court’s decision, emphasizing implied grant and easem...
Adverse Possession – Legal Requirements – Defendants claimed ownership by adverse possession – Courts found defendants failed to prove hostile, open, and continuous possession – Claim of adverse possession inherently acknowledges the title of another party – Supreme Court precedent emphasized inconsistency in claiming both ownership and adverse possession simultaneous...
Service Law – Pay Re-fixation and Recovery – Petitioner served on an ad-hoc basis as a Research Officer for over 14 years – Reverted to the original position of Senior Research Assistant – Tribunal upheld reversion and recovery of excess salary paid – High Court observed long service in higher position justifies protection of higher salary for terminal benefits &ndash...