Defamation – Comments in Transcripts – False and Defamatory – [Para 37 to 39, 52 to 61] – Suit for defamation filed by plaintiff against Defendants No. 1 to 4 alleging false and defamatory comments inserted by Defendant No. 3 in the transcript of the interview titled “Operation West End” – Plaintiff holding the position of Major General in the Army –...
Maintainability of Second Revision Petition – Section 115 of CPC – The Court held that the second revision petition under Section 115 of CPC is maintainable against the revisional order of the District Court. (Para 12)
Existence of Landlord-Tenant Relationship – Section 43 of the Karnataka Rent Act – Evaluation of Evidence by Courts – The Court ruled that...
Mutation of Names – Property Law – Jurisdiction of Revenue Authorities – Declaration of Title – Permissibility of Mutation based on Will – Mutation entries in revenue records do not confer ownership – Mutation entries relevant only for land revenue purposes – Competent civil court required for declaration of title.
Article 227 of the Constitution of Ind...
Mental Health Act, 1987 – Section 76 – Appeal against order allowing appointment of psychiatrist to ascertain mental capacity of plaintiff – Disputed alienation of property – Plaintiff represented by next friend claiming unsound mind and mental disorder – Application filed under Section 50(1) and (4) of Mental Health Act, 1987 read with Section 151 of CPC – Tria...
Contempt Case – Respondents/contemnors wilfully disobeyed court orders dated 06.09.2022 and 22.12.2022 – Failure to implement the court’s orders in WP No.28407 of 2022 – Court finds respondents guilty of contempt – Sentences respondents No.2 and 3 to one month of simple imprisonment and a fine of Rs. 1,000 each – In default of payment of fine, respondents to und...
Judicial Decisions - Finality to Competent Court Judgments - Importance of Rule of Law:
The binding character of judgments pronounced by courts of competent jurisdiction is an essential part of the rule of law, and such decisions should be given finality. Even an erroneous decision on a question of law operates as res judicata between the parties and cannot be reopened, except in cases of fraud...
Insolvency and Bankruptcy Code, 2016 – Section 60(6), Section 96 – Personal Guarantee – Debt Recovery Proceedings – Writ of Prohibition – Validity of Demand Notice – Resolution Plan – Hutchens v. State Bank of Kansas Principle.
Hutchens v. State Bank of Kansas Principle – Applicability in Indian Context – Distinction from Present Case &ndash...
Civil Appeal – Cheque Bounce – Acquittal of the accused – Appellant challenges the judgment of acquittal – Complainant alleges the accused borrowed a sum of Rs. 6,00,000/- and issued a cheque, which was returned unpaid with remarks 'Account Closed' – Lack of clear evidence regarding the loan and issuance of the cheque – Presumption in favor of the holder...
Constitution of India, Article 14, 16, 19, 21 - Overseas Citizen of India (OCI) - National Eligibility-cum-Entrance Test (NEET) - MBBS Course Admission - General Category - NRI Quota - Petitioner, an OCI card holder, seeks admission in MBBS Course under General Category - Petitioner denied the opportunity to register in General Category and confined to NRI Quota - Petitioner files writ petition ch...
FACTS: Indus Towers Ltd. Appealed against the resolution (No. 7) of the Grampanchayat of Chikhalhol, which directed the company to halt the construction of a mobile tower, responding to objections raised by local villagers concerning health effects of the tower’s radiation.
ISSUES & RULINGS:
1. Whether the Grampanchayat, after issuing a No Objection Certificate...