Civil Law - Bar under Section 49 of U.P.C.H. Act – Applicability – Suit Not Maintainable – The Court found that the sale deed was executed during ongoing consolidation operations, and subsequent rights of the appellants were adjudicated by the consolidation authorities under Section 12 – Held: The suit challenging the sale deed is barred under Section 49, as it involves mat...
Property Law – Specific Performance – Agreements to Sell – Plaintiff alleged that documents executed in favor of Defendants were for securing a loan, not for sale of the suit property at 110, Jor Bagh, New Delhi – Defendants claimed entire sale consideration was paid, and Agreements to Sell were valid sale transactions – Held: Plaintiff failed to establish that the tr...
Mutation and Vesting of Land – No Entitlement to Mutation – Appellants sought mutation of premises No. 15A, Armenian Street, Kolkata, based on a registered deed of conveyance. The Court affirmed findings that the property vested in the State as a "Khatal" under the West Bengal Thika Tenancy Act, 2001, as of January 18, 1982. Consequently, the appellants had no ownership or ri...
Permanent Injunction – Possession in Dispute – Ownership Not Established – Suit Dismissed – In a suit for permanent injunction, the plaintiffs must establish possession independent of ownership – Concurrent findings by both the Trial and Appellate Courts demonstrated that the plaintiffs failed to prove possession or ownership over the suit property, as the defendants ...
Execution of Decree – Third Party Rights – Application of Order XXI Rule 99 CPC – The respondent filed an application to execute a preliminary decree for partition. The appellants, not party to the original suit, sought protection of possession under Order XXI Rule 99 CPC. The Trial Court dismissed their application, a decision upheld by the Appellate Court. The High Court, consi...
Civil Law – Matrimonial Dispute - Declaration of Title – No Proof of Husband’s Contribution to Land Purchase – Declaration Limited to Building Only – The Family Court declared that the husband was entitled to one-half right over the land and building on the basis that he had contributed funds for the purchase of the property and the construction of the house – H...
Civil Law - Ex Parte Decree – Setting Aside due to Substituted Service – Opposite parties argued that summons were not personally served, and the substituted service was insufficient – Held: Substituted service is a valid form of notice; however, it may be set aside if circumstances reveal reasonable grounds for lack of knowledge of the suit, as in the current case due to interna...
Rent Law - Transmission of Tenancy Rights – Section 7(15)(d), Maharashtra Rent Control Act – Relationship and Residence as Family – Claim Rejected – The applicant sought recognition as a tenant after the death of the original tenant, claiming to have resided with the deceased as a family member – The Trial Court and Appellate Court held that the applicant, being the s...
Service Law - Temporary Employment – Principles of Engagement and Termination – Public Employment Rules – Respondent engaged as a Computer Technician for a fixed term of one year or until regular selection – Termination before the term's expiry was non-stigmatic – Held: Temporary engagement cannot confer rights akin to regular employment – In absence of regu...
Civil Law - Promissory Notes – Validity and Binding Nature – Burden of Proof – Promissory Notes Upheld – The plaintiff successfully established the execution of five promissory notes totaling ₹2,50,000 by the defendant at Gudivada, corroborated by testimonies of scribe and attestors – The defendant failed to substantiate his claim of repayment or prove that the prom...