Rent and Tax Liability – Lease Agreement stipulated payment of rent, maintenance charges, and GST – Tenant defaulted on GST payment – Trial Court struck off tenant's defence under Section 13(6) – High Court upheld decision – Supreme Court set aside striking off defence after tenant deposited GST arrears – Clarified on whether non-payment of tax can justify s...
Second Appeal – Execution of Pronote – High Court interfered with concurrent findings of lower courts on execution of pronote – High Court set aside decrees on the ground of non-examination of attesting witness – Supreme Court found signature on pronote established by handwriting expert and execution by deed writer – High Court's interference unwarranted – P...
Land Acquisition – Section 17 Urgency Provisions – Compliance with Section 17(3A) mandatory for absolute vesting – Non-compliance with Section 17(3A) leads to lapsing of acquisition if award not made within two years – Compliance with Section 17(3A) and taking possession ensures vesting and avoids lapsing under Section 11A – Acquisition in present case deemed not to h...
Family Pension – Work-Charged Employee – Appellant's deceased husband was engaged as a Muster Roll employee and later appointed to the work-charged establishment – Deceased remained a work-charged employee until his demise – Work-charged employees not covered under M.P. Civil Services (Pension) Rules, 1976 – Board had adopted National Pension Scheme for work-charg...
Adverse Possession – Title Suit – Plaintiffs not found to be owners – Plaintiffs' claim of title by adverse possession and ownership through sale deed contradictory – High Court erred in granting permanent injunction – Appeal allowed, lower courts' judgments quashed, Trial Court judgment restored dismissing suit [Paras 1-6].
Contradictory Claims &...
Stamp Duty Remission – Cooperative Societies – High Court held remission under Section 40(1)(a) of Kerala Act 1969 limited to instruments executed by or on behalf of society or by an officer/member for society business – SRO 75/60 broader remission scope inconsistent with Section 40(1)(a) and not saved under Section 110(2) – Appeal against limited remission dismissed [Paras...
Motor Vehicles Act – Compensation – Motor accident resulting in the death of the deceased, Hari Ram – Appellants, the claimants (wife, son, and mother of the deceased), challenged the initial compensation awarded by the Motor Accident Claims Tribunal – High Court increased the compensation from Rs. 433,000 to Rs. 655,000, correcting the age of the deceased from 60 to 50 yea...
Constitutional Law – Writ Jurisdiction – High Court’s jurisdiction under Article 226 of the Constitution – Statutory remedy of appeal under Section 46(1) of the MP VAT Act, 2002 – High Court entertained a writ petition against the Assessment Order denying Input rebate despite availability of statutory appeal – Supreme Court held High Court’s decision unsus...
Co-operative Society – Redevelopment Project – Appellant Society’s administrative building in dilapidated condition – Decision to demolish and rebuild through a joint venture with a developer – General Body of Society approved the project – Respondent member objected and initiated litigation – High Court restrained the redevelopment citing lack of provisio...
Central Excise Act – Classification of Goods – Product manufactured by appellant described as Modified Vapour Absorption Chillers (MVAC) – Appellant claimed classification as heat pumps under Heading 84.18 for concessional excise duty – Assistant Commissioner of Central Excise negated the claim – Commissioner (Appeals) upheld appellant’s classification – C...