Abuse of Process of Law – Prolonged Litigation – Appellant engaged in a series of frivolous legal actions to delay compliance with a financial award – Failed to procure promised lands after collecting funds – Court emphasized the duty to disclose material facts and avoid abusive litigation tactics – Appeal dismissed; costs imposed [Paras 1-7].
Limitation ...
Habeas Corpus – Child Custody – Petition by father seeking custody of minor child born while mother resided at her maternal home – Court finds no evidence of illegal custody by mother – Mother’s custody of child presumed lawful in absence of material suggesting illegal alteration of custody – Court emphasizes welfare of child as paramount consideration in such c...
Partition and Possession – Joint Hindu Family Property – Appellant contested respondents’ claim for half share in the suit property – Lower courts decreed suit based on finding that the property was joint family property and no partition had taken place – Appellant argued that the property was self-acquired by Harlal and included a disputed sale deed –...
Land Acquisition – Compensation under 2013 Act – Disputes on Advance Payment – State's Demand for Refund Quashed – Petitioners challenged the State's demand for refund of advance compensation paid for land acquired under the 2013 Act – CIDCO and State authorities contended the land was under Court Receiver's possession and acquisition lapsed – Court ...
Labour Law - Limitation for Filing Appeal – Section 30 of the Employees’ Compensation Act, 1923 – Remedy of Appeal – Dismissal of Review Petition Does Not Extend Limitation Period – Appeal Barred by Limitation – The Act provides a statutory limitation period of 60 days for filing an appeal against an award – Filing of a review petition, which is not provid...
Specific Relief Act – Bar to Declaratory Relief – The court emphasized that a suit for mere declaratory relief without seeking consequential relief is barred under Section 34 of the Specific Relief Act. The appellant failed to seek possession in the original suit, rendering the suit unmaintainable [Paras 26-36].
Constructive Res Judicata – The court upheld the princi...
Examinations – Judicial Review – Appellants contested the accuracy of the CGLE 2023 answer key and sought re-evaluation – High Court emphasized limited judicial review scope in academic matters – Courts generally refrain from interfering with expert evaluation unless there's a glaring error or violation of natural justice – Appeals dismissed as no exceptional circ...
Execution Proceedings – Auction Sale – Upset Price Fixation – Material Irregularity - The appellant, judgment-debtor, contested the fixation of the upset price at Rs. 29,00,000 for his property valued at a much higher amount, contending that this drastic reduction without reason caused substantial injury – The execution court initially set a higher upset price of Rs. 93,75,...
Registration of Sale Deed – Legal Requirements and Judicial Review:
Appeals challenging the Single Judge’s decision to set aside the refusal of registration of a sale deed – Registration barred under Section 22-A of the Indian Registration Act, 1908 – Requirement of presenting the record of rights – Dispute over title and possession of land – Need for proper ...
Taxation Law - Jurisdiction under Section 263 – Erroneous Order and Prejudice to Revenue – Valid Invocation by PCIT - The Revenue’s appeal under Section 263 contested an ITAT ruling that quashed an order by the PCIT, who had revised an AO’s decision accepting the land sale as tax-exempt based on agricultural classification – The court emphasized that an order is erron...