Land Partition – Mode of Partition – Finality of Unchallenged Orders: Appeal against the orders of partition was dismissed as appellants failed to challenge the foundational order establishing the mode of partition – High Court upheld the consistent reasoning of the subordinate revenue authorities and the writ court – Emphasis on statutory appeal processes [Paras 1-15].
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Refund of Tax – Settlement Scheme – Adjustment of Refund – Petitioner claimed refund of Rs. 10,69,89,606/- for the year 2011-2012 which was adjusted against dues for the year 2010-2011 – Petitioner already paid the dues for 2010-2011 under the Settlement Scheme – Adjustment by Respondents made without authority – High Court ordered refund with interest [Paras 1-...
Insurance Liability – Contract of Insurance – Appeal against trial court’s decree holding insurance company liable for compensation and medical expenses paid by employer to its employees – Appellant contends no contract of insurance exists between insurer and employer, policy was an Act policy with limited liability – No contractual obligation to cover medical expense...
Consumer Law – Definition of Consumer – Appeals centered on whether vehicles purchased by a company for the use of its directors fall within the definition of "commercial purpose" under Section 2(1)(d) of the Consumer Protection Act – National Commission held that purchases for the personal use of directors did not amount to "commercial purpose" – Suprem...
Civil Procedure – Jurisdiction – Punjab Land Reforms Act – Appellants filed a suit for declaration and perpetual injunction asserting that land dedicated to the religious and charitable shrine Dam Dama Sahib of Una was wrongfully transferred and declared surplus. The trial court dismissed the suit; the First Appellate Court partly allowed it. The High Court set aside the First Ap...
Guardianship and Custody – Interim Custody – Application under Section 12 of the Guardian and Wards Act, 1980 dismissed by the Family Court – Family Court observed the child was uncomfortable with the appellant – High Court upheld the dismissal, emphasizing the child’s best interest and emotional well-being – Meetings to continue under the supervision of a couns...
Stamp Duty – Admissibility of Insufficiently Stamped Document – Appellant contested the High Court’s order which overturned the Trial Court’s direction to pay deficit stamp duty and penalty on a GPA – Trial Court had initially admitted the GPA without considering its insufficient stamping – High Court’s decision quashed, reaffirming the Trial Court’s...
Contract Law – Specific Performance – Sham and Bogus Agreement – Appeal against the decree for specific performance of a sale agreement. Appellants contended that the agreement was sham and intended only to prevent the original owner from selling the property due to his vices. Supreme Court rejected the contention, holding that there was no reliable evidence to prove the agreemen...
Contract Law – Tender Cancellation – Arbitrariness – Appellant challenged the cancellation of the tender for maintenance of underpasses, arguing it was arbitrary and lacked proper justification. The Supreme Court held that the decision to cancel the tender must be based on valid grounds and cannot be arbitrary. The Court scrutinized the reasons provided by the responden...
Partition Suit – Family Settlement – Plaintiffs sought partition and possession based on an agreement for the settlement of family property (Exhibit-A6) – Trial court divided the property but denied share to Plaintiff No. 2 – High Court reversed, allowing partition as per the agreement – Supreme Court upheld High Court’s decision, emphasizing mutual agreement am...