Constitutional Law – Reservation Policy – Affirmative Action – The High Court of Patna examined the constitutionality of the Bihar Reservation of Vacancies in Posts and Services (for Scheduled Caste, Scheduled Tribes and Other Backward Classes) Amendment Act, 2023, and the Bihar Reservation (in Admission to Educational Institutions) Amendment Act, 2023, which enhanced reservation...
Pre-emption Rights – Tenancy and Co-sharer Claims – Plaintiffs sought to pre-empt a sale based on tenancy claims over the suit land – Defendants claimed superior rights as tenants in possession – Rival pre-emptors, Samey Singh and Partap, also filed suit claiming rights as co-sharers and tenants.
Tenancy Rights – Evidence and Presumptions – Trial co...
Entertainment Duty – Definition and Scope – Petitioner organized APSARA award function, argued it did not fall under “entertainment” as per Maharashtra Entertainments Duty Act – Court held the function included performances and thus fell within definition of “entertainment” [Paras 10-12].
Sponsorship as Payment for Admission – Reliance C...
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...
Civil Procedure – Recovery on Promissory Notes – Defendant appealed against trial court’s decree in favor of the plaintiff for recovery of sums due on two promissory notes – Defendant claimed notes were forged and plaintiff lacked capacity to lend – Trial court’s judgment upheld, appeal dismissed – Defendant’s plea that her name was misstated as Saro...
Partition – Ancestral Properties – Plaintiffs sought partition of A to C schedule properties into 12 equal shares, claiming 7 shares – Defendants contested on the grounds of independent acquisitions and pre-existing partitions – Trial Court granted plaintiffs 7/12th share – On appeal, High Court examined the evidence and upheld the Trial Court’s decree [Paras 1-...
Public Interest Litigation – Construction and Management of Cattle Pounds – Petitioner seeks direction for the construction and maintenance of cattle pounds with requisite infrastructure to confine stray animals – State of Punjab, in response, submits status reports highlighting existing measures, financial assistance to Gaushalas, and relevant By-laws – Court concludes tha...
Motor Vehicles – Compensation for Injuries – Appellant (insurance company) challenged the award of compensation for injuries sustained by the petitioner in a motor vehicle accident – Tribunal awarded Rs. 4,77,130/- with 9% p.a. interest – Appellant contended the driver did not have a valid license to drive a light motor transport vehicle – High Court held that the dri...
Writ of Mandamus – Regularization of Employment – Petitioners sought declaration as regular employees of the Irrigation Department – Challenge against rejection of regularization claims – Held, petitioners employed by a private contractor (M/s. Gammon India Limited) and not directly by the government – Absorption into departmental rolls for wage payment during a strik...
Registration Act – Section 68(2) – Superintendence Powers – Petitioner contested the cancellation of sale deeds by the District Registrar, asserting misuse of power without proper inquiry – High Court found the Registrar’s actions arbitrary and lacking legal foundation – Orders quashed [Paras 1-4, 6-9].
Registration Act – Section 77-A – ...