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 ...
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...
Recruitment Rules – Recognition of Educational Qualification – JBT Teacher Appointment – Batch-wise Appointment – Respondent sought appointment as a JBT Teacher based on qualifications obtained in 1998 and challenged the state’s refusal due to non-recognition of her qualification in Himachal Pradesh. The learned Single Judge directed the state to consider her case for...
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...
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 ...
Motor Accident Claims – Quantum of Compensation – Appeals against Tribunal’s award for accident resulting in deaths and injuries during a pilgrimage walk – Tribunal found rash and negligent driving by the offending vehicle – Compensation enhanced for pain, suffering, medical expenses, and other heads – Dependency claims considered but adjusted for the actual age...
Temporary Injunction – Prima Facie Title – Registered Gift Deed vs. Unregistered Will – Petitioners challenged the appellate court’s order granting a temporary injunction to the respondents (plaintiffs) based on a registered gift deed – Contention revolved around alleged fraudulent procurement of the gift deed – Lower appellate court ruled in favor of the respon...
Maintainability of Writ Petition – Public Element Absent – Petition Dismissed - The petitioner sought reinstatement following his termination by Webcon Consulting (India) Limited, asserting that the entity discharged public functions and fell under the ambit of "State" under Article 12. The Court, analyzing the shareholding structure and operations of Webcon, found ...
Civil Procedure – Condonation of Delay – Medical Grounds and Lack of Notice from Counsel – Petitioners sought condonation of delay, citing medical complications following knee surgery of petitioner No. 1 and lack of communication from counsel – Court noted medical records substantiating the health issues and lack of timely notification as valid reasons for delay – Hel...
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...