Commissions of Inquiry – Continuation and Cessation – The court addressed the procedural aspects concerning the cessation of a Commission of Inquiry under Section 7 of the Commissions of Inquiry Act, 1952. The court held that the mere expiration of the Commission’s term does not automatically imply cessation. A formal notification specifying the cessation of the Commission is man...
Co-operative Societies – Section 66(2) Inquiry – Scope of Inquiry – Petitioners challenged the inquiry conducted under Section 66(2) of the Kerala Co-operative Societies Act, contending that such inquiries cannot involve a roving investigation into the affairs of the society. The court held that Section 66(2) permits an inquiry into the management and affairs of the society and i...
Issuance of Summons – Section 81 of TNVAT Act – Summons issued to petitioners to produce various financial and transactional documents for detailed scrutiny – Petitioners argued that such summons under Rule 16(1) applies only to third parties, not to assesses – Court rejected this contention, clarifying that Section 81 empowers issuance of summons to any person, including a...
Family Law – Customary Divorce – Defendant claimed to have divorced first wife Stella by customary practice and subsequently married the deceased Margarette Arulmozhi – Court held that Indian Christian Marriage Act does not recognize customary divorce – First marriage subsisting at the time of alleged second marriage, making the latter invalid [Paras 14-17].
No...
Property Law – Declaration of Sale Deed and Will – The plaintiffs sought a declaration that a sale deed executed in 1959 and a Will executed in 1999 were null and void. The trial court had dismissed the suit on the grounds that the plaintiffs failed to establish their claims, the suit was barred by limitation, and the possession of the defendants was lawful. The High Court upheld the t...
Land Acquisition – Validity of Notification – Non-Compliance with Procedural Safeguards – Compensation Delayed – Appellant Trust challenged the quashing of acquisition proceedings initiated under Section 52(1) of the Rajasthan Urban Improvement Act, 1959 – High Court held that failure to serve individual notices under Section 52(2) and delay in compensation invalidate...
Partition Suit – Interpretation of Will – Inconsistency in Clauses – Plaintiffs sought partition of the property based on a Will and Codicil. The Will’s Clauses 6 and 10 had inconsistencies regarding the distribution of the property. The Court held that as per Section 88 of the Indian Succession Act, the later clauses (7 and 10) in the Will would prevail over the earlier cl...
Land Allotment – Public Purpose vs. Private Development – Gram Panchayat challenged the allotment of 3128 bighas of land to a private company for a solar power project, arguing that the allotment would deprive the village of essential land for public amenities and grazing – Court recognized the need for balancing development with the rights and needs of the local community &ndash...
Limitation Act – Application under Order VII, Rule 11 CPC – Petition for Rejection of Plaint – Suit for recovery of cost of repair and penalty for non-performance of contract filed beyond the statutory period – Petitioner contends suit is barred by limitation – Trial court rejected petition on grounds of mixed questions of law and fact requiring trial – High Cou...
Service Law – Promotion – Notional Promotion on Acquittal – The petitioner sought notional promotion after his juniors were promoted in 2008 – His promotion was denied due to two pending charge-sheets and a criminal case, which were later dropped and resulted in acquittal – Held: The petitioner’s case for promotion should have been considered after his acquittal...