Civil Appeal – Redemption of Mortgage – Appellant, an auction purchaser, challenges High Court's order allowing borrowers to redeem the mortgage – Complex factual background involving loan default, auction proceedings, and redemption offer – Key issue of whether borrowers' offer to pay Rs. 129 crore for redemption is acceptable – Detailed analysis required. [P...
Criminal Appeal – Interpretation of FEMA and FERA – Prosecution for offences under Sections 56 and 57 of FERA after repeal – Validity of complaints filed by an Enforcement Officer – Sunset period provided under Section 49(3) of FEMA – Legal fiction preserving the application of FERA for prosecution purposes – Court's duty to adopt an interpretation making st...
Premature Release - Life Imprisonment - Petitioner seeks release after serving over 26 years in custody - State government's repeated rejection of release - Constitutional rights enforcement - Evaluation of state's remission policy. [Para 1-8]
Constitutional Rights - Right to Consideration for Remission - Legal entitlement to be considered for remission after serving 25 years - Challeng...
Succession and Will - Validity of Will - Requirements under Section 63 of the Indian Succession Act, 1925 - Execution of Will - Proof of execution under Section 68 of the Indian Evidence Act, 1872 - Principles for proving the validity and execution of a Will - Compliance with statutory provisions - Examination of attesting witnesses - Removal of suspicions - Role of the propounder - Allegations of...
Civil Appeal – Challenge to a common judgment of the Division Bench of the Punjab & Haryana High Court – Appointment to the higher judicial service of the State under direct recruitment quota – Appellant's non-appointment challenged – Appellant qualified in the selection process but was not appointed – Allegation of arbitrary approach in keeping the 14th post ...
Civil Appeal – Second Appeal – Violation of Procedure in Framing Substantial Questions of Law – Lack of Adequate Opportunity for Parties to Address the Questions – Reversal of Concurrent Findings of Fact – Matter Remanded to High Court for Reconsideration.
Framing of Substantial Questions of Law in Second Appeal: The present case involves a violation of t...
Rule 15 of Order XXXII CPC – Scope of ‘enquiry’ – Suit instituted by a mentally unsound person through a next friend – Applicant’s unwillingness to proceed with the suit – Trial court’s ‘enquiry’ into mental capacity – Certain answers found irrational – Application dismissed – Challenge to the order in revision. [Para 1-...
Misuse of Official Symbols – Unauthorized use of stickers and artifacts containing emblems and phrases like “Govt of India”, “Government of Tamil Nadu”, “High Court”, and “Police” on private vehicles – Petitioner seeks directions for removal and penal action. [Para 2]
Previous Directions – Reference to order in W.P.No.14697 of 20...
Civil Appeal – Suit for specific performance of an agreement for sale – Defendant’s contention that the property was sold to K.S.Thankachan, a nominee of the plaintiff, not pleaded in the written statement and not proved by evidence – Variation between pleadings and evidence – Well-settled principle that parties must adhere to their pleadings – Relief cannot be ...
Property Dispute – Title and Possession – Appeal against the Madras High Court’s judgment – Appellant’s claim to the title and possession of the entire suit property challenged – Suit for declaration of property ownership and permanent injunction – Appellant’s historical ownership and acquisition of the property outlined – Defendants contest ow...