Mutation of Names – Property Law – Jurisdiction of Revenue Authorities – Declaration of Title – Permissibility of Mutation based on Will – Mutation entries in revenue records do not confer ownership – Mutation entries relevant only for land revenue purposes – Competent civil court required for declaration of title.
Article 227 of the Constitution of Ind...
HUF Property – Agreement to Sell by Karta – Suit property, acquired from compensation for ancestral property in Pakistan, held to be HUF property since 1947 – Karta (Defendant No.1) lacked authority to sell HUF property individually – Agreement to Sell void to the extent of shares of coparceners except Karta’s share. [Para 68-99, 188]
Specific Performance...
Appeal Against Arbitral Award – The appellant, NPCC, appealed under Section 37 of the Arbitration and Conciliation Act, 1996, against the judgment partially setting aside an arbitral award dated 29 August 2016 concerning liquidated damages payable by the appellant to the respondent, M/S AAC India Pvt. Ltd. [Para 1, 2]
Factual Background – The appellant and respondent enter...
Service Law - Recruitment Process – Contractual Employment – Age Relaxation – Regular Recruitment – Contractual appointees seek age relaxation for regular recruitment due to delay in process initiation – Various precedents and Government OMs establishing basis for such relaxation analyzed – The plea for age relaxation substantiated in the light of policy mandate...
Trademark Infringement – Contesting the validity of registered trademark FABIO – Plaintiff challenges defendant's use of mark FABIO as infringing on its OREO products – Defendant asserts FABIO registration as defense – Plaintiff's application under Section 124 of the Trade Marks Act to question validity of FABIO registration dismissed due to lack of specific challen...
Multi-State Cooperative Society - Fresh Elections of Board of Management - Stalemate due to expired term of the existing Board - Need for conducting fresh elections for the proper administration of the society - Peculiar facts of the case warrant consideration - Authority to conduct elections under the Amended Act not yet established - Appointment of Returning Officer suggested by respondent No.1 ...
Right to Information (RTI) – Denial of RTI application under Sec.8(1)(j) of RTI Act, 2005 – Petitioner, a lecturer, seeks information about service particulars of certain individuals for redressal of grievances in service-related matters – Petitioner contends error in construing Sec.8(1)(j) – Court finds petitioner not a stranger to the institution and entitled to service p...
Mental Health Act, 1987 – Section 76 – Appeal against order allowing appointment of psychiatrist to ascertain mental capacity of plaintiff – Disputed alienation of property – Plaintiff represented by next friend claiming unsound mind and mental disorder – Application filed under Section 50(1) and (4) of Mental Health Act, 1987 read with Section 151 of CPC – Tria...
Public Interest Litigation – Efficient handling of Income Tax Appeals – Petition by All India Federation of Tax Practitioners for expeditious disposal of appeals by Commissioners (Appeals) and enhancement of their number and resources – Directions sought to adhere to time limits set by Section 250(6A) of the Income Tax Act and for chronological disposal of appeals. [Para 1]
&n...
Motor Vehicle Accident Claim – United India Insurance Company Limited (Appellant/Insurer) against Luxman and others (Respondents/Claimants) – Accident resulting in grievous injuries to the claimant – Compensation awarded by Motor Accidents Claims Tribunal, Solan – Appeals by both the insurer and claimant for reassessment of the compensation amount [Paras 2-4].
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