Transfer of Property Act – Protection Under Section 53-A – Prerequisites Unmet – The defendants sought protection under Section 53-A of the Transfer of Property Act based on an unregistered sale agreement and possession – Held: Protection under Section 53-A is available only when the transferee fulfills all conditions, including written contract, part performance, and readi...
Civil Law - Registration of Documents – Scope of Section 17(2)(vi) of the Registration Act, 1908 – Compromise Decrees – Exemption provided under Section 17(2)(vi) of the Registration Act applies to compromise decrees when they do not create new rights but recognize pre-existing rights – Appellant claimed ownership and continuous possession over the subject land through a co...
Contract Law – Specific Performance – Discretion Under Section 20 of the Specific Relief Act, 1963 – Plaintiff sought specific performance of a registered agreement of sale – Trial Court decreed the suit, directing the defendants (widow and minor son of the vendor) to execute the sale deed – High Court reversed the decree, citing hardship to defendants, as they would ...
Civil Law - Application of Hindu Succession Act, 1956 – Scheduled Tribes Excluded Unless Directed by Notification – Appellants claimed property rights under HSA, 1956 – Held: Under Section 2(2) of HSA, scheduled tribes are excluded unless directed by notification, which was absent in this case – High Court correctly applied the principle of justice, equity, and good conscie...
Ad-Interim Injunction in Defamation – Prima Facie Case Established – Balance of Convenience Favored Plaintiff – Plaintiff demonstrated a prima facie case of defamation against Defendant No. 1 for publishing unverified allegations of manipulation and financial irregularities – Defendants Nos. 6, 7, 8, 10, and 11 further amplified defamatory claims – Court held that the...
Labour Law - Principal Employer – No Direct Employment Relationship – Section 25-F of ID Act – The petitioner, who suffered injuries while working at M/s Hafed Oil Mills, claimed reinstatement as a direct employee – Labour Court rejected the claim, holding that the petitioner was engaged through a contractor and thus not entitled to reinstatement under the ID Act – He...
Service Law – Approval as SACT-II – Petitioners engaged as Accompanists (Tabalchi) in Music Department, claim status under SACT-II as per Memo dated 23.12.2019 – Names not uploaded by College Authority within deadline – College Authority’s failure admitted – Petitioners approached Court for necessary directions – State’s rejection of petitioners&rsqu...
Civil Law - Suit for Recovery – Alleged Promissory Note – Lack of Evidence – Dismissal Upheld - Plaintiff’s claim for recovery based on Ext.A4 promissory note was dismissed by the trial court due to inconsistencies and lack of corroborative evidence – Appellate Court upheld the decision, noting that plaintiff’s evidence failed to establish the genuineness of the...
Property Law – Will Disputes – Appellant challenged the Lower Appellate Court's decision, which found Ex.X1 Will genuine and Ex.B1 Will suspicious – Lower Court’s appreciation of evidence upheld – Appellate Court's modification corrected to align with the terms of Ex.X1 Will – Second appeal dismissed and cross-objection partly allowed [Paras 1-32].
Ge...
Ceiling on Agricultural Holdings – Lands Classified as Surplus – Appeals Dismissed – The appellant’s challenge to decisions categorizing lands as surplus under Sections 8 and 10 of the Act failed due to concurrent findings by the Revenue Tribunal and High Court – Held: Transfers of lands by the appellant between 1959 and 1962 were presumed to defeat the Act’s ob...