Review Jurisdiction – Grounds for Review – High Court allowed review petitions reversing the decision of the original Division Bench – Review jurisdiction not properly exercised – Discovery of new evidence not sufficient to warrant review as it was not material to the contempt issue – Order set aside [Paras 10-26].
Contempt of Court – Limitation &nd...
Promissory Note – Validity and Execution – Suit for recovery based on a promissory note allegedly executed by the appellant – Trial court ruled in favor of the respondent – Appellant contested the authenticity of the note and its execution – High Court affirmed trial court’s decision, citing sufficient evidence supporting the genuineness of the note and the tran...
Property Law – Validity of Sale Deed – Execution and registration of sale deed in 1985, presented for registration the same year but registered in 2011 – Defendant did not specifically deny execution or receipt of consideration – High Court erred in invalidating the sale deed on grounds of delay and minor’s involvement – Presumption of correctness of registered ...
Stamp Duty – Concession Agreements under BOT Scheme – Dispute on whether the Concession Agreement amounts to a “lease” – Madhya Pradesh High Court held the agreements to be leases and imposed stamp duty accordingly – Supreme Court examined the statutory definitions and the clauses of the agreement – Confirmed that the agreements are leases under Section 10...
Motor Vehicles Act, 1988 – Compensation Assessment – Appellant challenged the compensation awarded by the MACT for being excessive – High Court reviewed the computation of monthly income, considering evidence and minimum wages notification – Tribunal’s assessment of deceased’s income at Rs. 6000/- per month upheld – Adjusted compensation considering future...
Constitutional Law – Right to Education – Amendment to Maharashtra RTE Rules – Petitioners challenge the amendment excluding private unaided schools from admitting children from disadvantaged groups if government/aided schools are within 1 km – Contention that the amendment violates the RTE Act and Article 21-A of the Constitution – High Court examines the legislative...
Partition – Preliminary Decree – Will – The appellant challenged the preliminary decree of partition favoring respondents based on a Will – High Court held the Will was duly proved, and the suit property devolved upon the respondents as per the Will – Appeal against the decree dismissed [Paras 1-28].
Will – Requirement of Probate – Delhi &ndas...
Property Dispute – Appointment of Advocate Commissioner – The petitioner filed a suit seeking a permanent injunction to restrain respondents from interfering with the possession of the suit property – Respondents claimed possession and existing constructions on the land, disputing the property description – During trial, respondents sought an Advocate Commissioner’s a...
Custody of Child – Physical Presence – Writ petition against the trial court's order requiring the physical presence of the child – Trial court insisted on the child's presence on several dates – Father contended that the child can communicate via video conference and is currently residing in Guwahati – Mother's application for child's custody led to t...
Recovery of Loan – Jurisdiction of Civil Courts – Entitlement to Debt Relief
*Recovery Suit – Borrowing and Liability – Suit for recovery of Rs. 40,098.90 filed by Syndicate Bank against Venkata Rama Saw Mills & Timber Depot, and its proprietor Sk. Nayab Rasool, with K. Moodava Kotaiah and N. Anjaneyulu as co-obligants – Execution of demand promissory...