Muslim Law - Wakf - Creation of wakf - Requirements - Property dedicated for pious, religious, or charitable purposes - Express dedication or inferred from facts and circumstances - Long usage for religious or public charitable purposes - No evidence of express dedication or long usage in present case - Suit land not established as wakf property. [Para 25-30]
Wakf Act, 1954 - Notification decla...
Land ownership dispute - Nature of Sale Deed - Inconsistent stand by Respondents - Need for clarification on whether it pertains to sale of leasehold rights or title per se - High Court's parallel findings on the nature of Sale Deed criticized - Sale Deed appears to indicate sale of title rather than leasehold rights. (Para 34-38)
Determination of 1924 Lease Deed - Breach of condition of pr...
Civil Procedure – Unsoundness of Mind – Order XXXII Rule 15 CPC – Petition to take plaint off the record on grounds of plaintiff's alleged unsoundness of mind – Court held that before taking the plaint off the record, there must be a pre-existing adjudication or declaration by a Court regarding the unsoundness of mind of the plaintiff – Petition dismissed with cos...
Judicial Review - Scope of interference in disciplinary proceedings - The High Court exceeded its scope of judicial review by reappreciating the entire evidence as if it were a criminal trial - Judicial review is limited to evaluating the decision-making process and ensuring fairness - Interference is warranted only in cases of violation of natural justice, statutory rules, absence of evidence, pe...
Consumer Protection Act, 1986 - Section 23 - Civil Appeal - Challenge to the judgment and order of the National Consumer Disputes Redressal Commission - Insurance company repudiating the claim of the insured - Appellant alleging loss caused by malicious act - Burden of proof on insurer - Insurer failed to establish loss caused by malicious act - Surveyor's report opined loss due to insured per...
relief must come with clean hands – Petitioners had no title or right to the land they Discretionary relief – Clean hands doctrine – A person seeking discretionary occupied – Court cannot protect or advance an illegality – Petitioners were rank trespassers over government land. [Para 4]
Adverse possession – Applicability – Adverse poss...
Scheduled Castes (SC) Certificate - Validity - Petitioner, belonging to Muslim community, obtained an SC certificate and secured appointment as a Lecturer under the Self-Financing Scheme (SFS) - Respondent-University initiated disciplinary proceedings and dismissed the petitioner on the ground that he obtained the appointment on the basis of a forged caste certificate - Court examined whether the ...
Hindu Marriage Act, 1955 - Section 13 - Divorce - Mental cruelty - Appeal against dismissal of divorce petition - Appellant alleged mental cruelty, long desertion, and a divorce agreement reached in a community Panchayat - Lower court dismissed the case citing lack of admissible evidence - High Court held that denying sexual intercourse without sufficient reason amounts to mental cruelty - Uncontr...
Railway accident – Compensation – Bona fide passenger – Burden of proof – Claimants filed claim petition seeking compensation for death of deceased in untoward incident – Initial burden on claimants to prove deceased was a bona fide passenger – Claimants established deceased’s status as bona fide passenger [Para 18] – Burden shifted to Railway Admini...
Income Tax - Assessment Year 1995-1996 - Appellants were engaged in the transportation business and were found to be in possession of bitumen without proper documentation - Assessing Officer treated the value of the bitumen as unexplained money and made additions to the appellant's income under Section 69A of the Income Tax Act - Commissioner of Appeals deleted the addition - High Court revers...