Execution of decree – Objections raised by third parties – Exclusive jurisdiction of executing court – Section 47 of the Civil Procedure Code (CPC) mandates that the court executing the decree shall determine all questions arising between the parties to the suit or their representatives in relation to the execution, discharge, or satisfaction of the decree – Rules 97 to 106...
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...
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...
Testamentary matter - Original Will not traceable - Request for copy of Will and probate - Destruction of Records Act, 1917 - Court cannot order investigation into the fate of the Will based on mere guesswork - Relief cannot be granted when the petitioner has not seen the copy of the Will and is unaware of its contents. [Para 23]
Preservation of Will - Obligation of respondents to furnish...
Motor Accident Claims - Compensation - Enhancement of - Appeal against the award granted by the Motor Accident Claims Tribunal - Claimants sought enhancement of compensation on the grounds of loss of estate, incorrect deduction for personal expenses, and low interest rate - Major sons of the deceased not entitled to compensation based on legal precedents - Only the widow and mother considered as d...
Arbitration Law – Calculation of Interest – Section 31(7)(b) of the Arbitration and Conciliation Act, 1996 – Revision petition filed to challenge the dismissal of an execution petition regarding the calculation of interest – Petitioner claimed interest on the interest pendente lite – Court held that the interest awarded under Section 31(7)(a) partakes the character of...
Motor Accident Claims - Compensation - Enhancement of - Appeal against the award granted by the Motor Accident Claims Tribunal - Claimants sought enhancement of compensation on the grounds of loss of estate, incorrect deduction for personal expenses, and low interest rate - Major sons of the deceased not entitled to compensation based on legal precedents - Only the widow and mother considered as d...
Consumer Protection Act, 1986 - Interpretation of 'complainant' - Multiple consumers filing joint complaint - Whether falls under Section 12(1)(a) or Section 12(1)(b) - Held, the definition of 'complainant' under Section 2(b)(i) of the 1986 Act includes multiple consumers - Joint complaint falls under Section 12(1)(a) - Broad and inclusive interpretation to be given - Plural interp...
Rent Control Law – Provisional Assessment of Arrears – Revision Petition against the dismissal of execution petition for arrears of rent – Tenant failed to pay arrears on the adjourned date due to a "no work day" observed by lawyers – Court held that nothing precluded the tenant from paying/depositing arrears despite the "no work day" – Petition di...
Designation of Senior Advocates in India - Historical and Legal background - Origin of distinguished class of senior pleaders - Serjeants-at-Law and King's/Queen's Counsel in the United Kingdom - Introduction of Senior Advocates in India as a mark of excellence and recognition of professional eminence. (Para 1-2) Criteria for designation of Senior Advocates - Evolution and developmen...