Stamp Duty - Demand for Difference - Letters Patent Appeal under Section 47A - The appellant challenged the demand for the difference in stamp duty raised by the Collector without issuing a show-cause notice. The property was purchased as residential, but a complaint after five years claimed it was commercial, leading to a revised stamp duty demand. The Court held that the prescribed procedure und...
Criminal Procedure - Supply of Documents - Petition under Section 482 CrPC to set aside Trial Court’s order refusing to provide documents not part of challan - FIR registered for offenses under Sections 376, 354, 354-A, 506, 120-B IPC - Petitioner sought documents including inquiry report and witness statements recorded by an investigating officer - Trial Court dismissed application, stating...
Civil Law - Suit for Specific Performance - Concurrent Findings - No Substantial Question of Law - Regular Second Appeal under Section 100 CPC - Suit for specific performance of agreement to sell was dismissed by the trial court and the first appellate court - Both courts found no merit in the plaintiff's claims and noted a lack of evidence - Plaintiff unable to raise any substantial question ...
Arbitration Law – Interim Measures – Section 9 of Arbitration Act – Petition under Section 9 of the Arbitration and Conciliation Act, 1996, seeking interim relief to restrain the respondent from supplying agricultural machinery to third parties – Petitioner relied on exclusivity clauses in the distribution agreement – Court noted the inordinate delay in approaching th...
Injunction - Infrastructure Projects - Civil Revision Petition against Appellate Court order granting interim injunction - Section 164 of Electricity Act read with Sections 10 and 16 of Telegraph Act empowers authority to lay electricity lines over private land without owner’s consent - Injunction barred under Specific Relief Act for infrastructure projects - Appellate Court order set aside,...
Reservation in Public Employment - Constitutionality - Writ Petition challenging 100% reservation for specific categories in appointment of Pre-Primary School Teachers - Held, 100% reservation not permissible under the Constitution - State directed to issue fresh advertisement allowing only 50% reservation, ensuring equality of opportunity. [Paras 1-34]
Equality in Public Employment -...
Examination Conduct – Cancellation of Candidature – Damage to OMR Sheet – Held: Petitioner's candidature for the post of Hindi Lecturer was rightfully cancelled due to damage caused to the OMR sheet by scratching an answer, despite having scored more marks than the last selected candidate. The decision was in line with instructions issued to maintain the integrity of the exam...
Village Common Lands - Jurisdiction to Decide Title Suits – The amendment of Section 13-A by Haryana Act No. 9 of 1999 confers jurisdiction to decide original title suits solely on the Collector – Held, orders passed by the Assistant Collector deciding such title suits are without jurisdiction and thus quashed – Assistant Collector’s decision dated 24.09.2016 is a nullity. ...
Family Law – Divorce – Irretrievable Breakdown of Marriage – Section 13 Hindu Marriage Act – Husband and wife cohabited for only 15 days – Marriage not consummated – Wife initiated criminal proceedings against husband and family alleging dowry demands – Held: Marriage has irretrievably broken down with no chance of reconciliation – Divorce granted to...
Right of Redemption – Interpretation under SARFAESI Act – Petitioners contended the right of redemption continues till the sale certificate is issued and conveyed. The court held that the amendment to Section 13(8) of the SARFAESI Act does not extinguish the mortgagor's right of redemption until the sale certificate is executed. The court emphasized the continuous applicability of ...