Property Law - Lease Cancellation – Default in Payment – Rule 12(3), Chandigarh Lease Hold Rules – Quashing of Resumption Orders – High Court’s Error – Appellants auctioned a booth site to the respondents on a 99-year lease, requiring installment-based payment of the premium – Respondents defaulted on payments, leading to lease cancellation by the Estate O...
Motor Vehicle Accident – Compensation – Enhancement – Appellant dissatisfied with the Tribunal’s award – Tribunal awarded Rs. 1,80,000 for future loss of income and additional amounts under various heads – Appellant sustained multiple fractures and 80% permanent disablement – High Court enhanced the compensation considering prospective income and increased...
Challenge to the selection process - Fair Price Shop - Re-enquiry of Godown Suitability – Lack of Authority under Clause 20(iv) of WBPDS – District Level Fair Price Shop Selection Committee (DLFPSSC) directed re-enquiry into the private respondent’s godown suitability after awarding marks in the original enquiry – Held: DLFPSSC had no authority under Clause 20(iv) of WBPDS ...
Evidence Law - Misdescription of Property – Oral Evidence Admissibility – Petitioner sought to clarify boundaries in sale deeds mentioning incorrect plot numbers. High Court held trial court erred in disallowing cross-examination on misdescription of property boundaries. Oral evidence admissible under Section 92's proviso for proving genuine mistakes [Paras 11-12].
Provisions of...
Banking Law – Declaration of Fraud – Petitioner challenged the classification as 'fraud' by the respondent bank – Argument that such classification must be based on a majority rule among consortium banks with at least 60% share in the total lending as per RBI guidelines – Earlier Show Cause Notice quashed for non-supply of documents and lack of hearing – Petit...
Property Law – Ownership and Possession – Plaintiffs claimed ownership of disputed property through sale-deeds, sought declaration and permanent injunction – Trial court decreed in favor of plaintiffs – Defendants claimed property was state-owned, reserved for Kumbh Mela, and not identifiable – Appeal dismissed, trial court’s decree upheld, plaintiffs held to be...
Civil Law – Recovery of Money – Suit for recovery of ₹3,39,101/- – Commercial Court dismissed the suit – Appellant claims services rendered, respondent disputes cash payments – Held, respondent failed to establish cash payments – No credible evidence supporting cash payments – Appellant’s appeal allowed – Judgment and decree set aside –...
Service Law – Misappropriation and Disciplinary Action – Circular Providing Amnesty – Petitioner challenged the dismissal show cause notice and sought relief under Circular No.1/2017 granting amnesty for certain misdemeanors – Petitioner had a history of misdemeanors, leading to multiple punishments – Court found the circular was misused by employees to evade serious ...
Accident Claim - Motor Vehicle Accident – Negligence – Determination of Liability – Insurer's Liability Affirmed – The accident resulted from the rash and negligent riding of the motorcycle by the first respondent – First respondent, despite notice, failed to contest the case or depose – Insurer held liable to pay compensation under the terms of the insuranc...
Matrimonial Law – Divorce - Cruelty – Mental Illness and Suppression of Facts – Divorce Granted – The appellant-husband sought divorce on the grounds of mental cruelty caused by the respondent-wife’s erratic and unsound behavior, which was allegedly suppressed at the time of marriage – Evidence presented by the appellant, including his testimony and that of his ...