Specific Performance – Agreement to Sell – Readiness and Willingness – Sections 16 and 20 of the Specific Relief Act – Plaintiff must not only aver but also prove readiness and willingness to perform the essential terms of the contract – Plaintiff’s failure to disclose financial capacity and readiness in cross-examination leads to adverse inference – Refun...
Jurisdiction of Civil Court – Enforcement of Secured Assets – SARFAESI Act – Scope of Section 17 and Section 34 – Held, civil court does not have jurisdiction to negate the enforcement rights of a secured creditor under the SARFAESI Act – Disputes regarding secured assets fall within the jurisdiction of the Debt Recovery Tribunal (DRT) – Civil court orders canno...
Land Acquisition – Market Value Determination – Comparable Sale Method – The Court held that while determining the market value of the acquired land, it is essential to examine its geographical location, existing and potential use, and proximity to major roads or developed areas. The market value can be assessed using the comparable sale method by referring to contemporaneous tra...
Motor Vehicles Act – Compensation – Valid Permit – The High Court held that if a vehicle did not have a valid permit at the time of the accident, which was a violation of the insurance policy terms, the insurer could repudiate liability to reimburse the assured or victim. However, the insurer must initially pay compensation to the victim or his heirs and then recover the amount f...
Civil Procedure – Will – Suspicious Circumstances – The Court held that it is not appropriate to permit a party to challenge the devolution of property by natural succession when a Will has been duly proved and established, merely based on suspicious circumstances, without proper pleadings and evidence. The party wishing to assail the correctness of the registered Will must lay a...
Habeas Corpus – Illegal Detention – Filing of Detailed Reply – The Court held that when material regarding the arrest and detention of the detenue is already before the Court, filing a detailed reply to the habeas corpus petition is not required. Granting an adjournment for filing a detailed reply may defeat the purpose of the habeas corpus petition, which concerns the serious is...
Suspension of Sarpanch – Validity of Demarcation Report – Petitioner suspended from the post of Sarpanch due to alleged encroachment on Panchayat land based on a demarcation report – Contested the correctness of the report and suspension order – Held, the Director is the competent authority to form an opinion on the validity of the demarcation report, which is central to pr...
Live-in Relationship – Protection of Life and Liberty – Petitioners, a minor girl aged 14 years and 8 months, and a 20-year-old boy, sought protection from their families – Held, legitimacy of live-in relationships requires certain conditions – Court found petitioners' claim of live-in relationship unsupported due to minor status of petitioner No.2 – Directed SSP,...
Regularization of Contract Employees – Appointment Legitimacy – Petitioners sought directions for regularization of services, claiming long-term engagement on contractual basis – Held, unclear whether appointments were made after inviting applications and selection among applicants – Reliance on judgments in Umadevi and Sheo Narain Nagar misplaced – Supreme Court in U...
Contempt of Court – Interim Order Merger – Petitioner alleged willful disobedience of interim order dated 20.03.2020 in CWP No.6988 of 2020 – Held, interim order merges with the final order upon disposal of writ petition – Interim order ceases to operate post-final judgment – Contempt petition dismissed as interim relief was contingent upon the writ's outcome, whi...