Tenancy and Ejectment – Ejectment of Tenants from Temple Properties – The Supreme Court dealt with petitions involving tenants occupying shops in temple properties managed under the Hindu Religious and Charitable Endowments Act, 1959. The tenants were declared encroachers post-termination of their lease/licence, leading to ejectment orders. [Para 1-2]
Dispute Resolution &n...
Dispute Resolution in Charitable Society Elections – Challenge against election process of Shikshan Prasarak Mandal's executive body – Appellants’ Change Report rejected due to alleged procedural flaws – Assistant Charity Commissioner, Joint Charity Commissioner, District Judge, and High Court involved in adjudication. [Paras 1-8, 31]
Doctrine of Necessity ...
Income Tax Reassessment - Validity of Proceedings - Assessee's Failure to File Regular Balance Sheet and Profit and Loss Account for Assessment Years 1990-91, 1991-92, and 1992-93 - Discrepancy in Capital and Current Accounts - Assessee's Justification for Non-filing Based on Department's Seizure of Documents - Assessment Officer's Relying on Balance Sheet Submitted for Loan to Sou...
Marriage and Misappropriation of Assets – Maya Gopinathan (Appellant) appeals against High Court’s partial reversal of Family Court’s judgment which had favored her claims of misappropriation of jewelry and a monetary gift by Anoop S.B. (First Respondent) and his late brother (Second Respondent) – Family Court had originally awarded compensation for 89 sovereigns of gold an...
Motor Accident Claims - Compensation - Loss of dependence - Legal representatives entitled to claim compensation - Even if major married and earning sons are not fully dependent on the deceased, they are still covered as legal representatives - Compensation to be considered beyond conventional heads. [Para 9]
Dependency - Definition and criteria - Dependency includes financial depende...
Land Dispute - Challenge to dismissal order under Section 42 of the Consolidation Act, 1948 - Disputed lands and question of title - Jurisdiction of Consolidation Authorities - Necessity to raise the question of title before a competent civil court - Impugned order found to be in alignment with legal precedent. [Para 1-4]
Legal Mandate - Prohibition against redistributing or repartitioning disp...
Irretrievable Breakdown of Marriage – Dissolution of Marriage Granted – The Supreme Court granted a decree of divorce based on the irretrievable breakdown of marriage between Prakashchandra Joshi (appellant) and Kuntal Prakashchandra Joshi @ Kuntal Visanji Shah (respondent). The parties had been living separately since February 2011, with no contact for almost 13 years, and the respond...
Goa’s Criteria for Identifying Private Forests – Validity Upheld – Supreme Court rejects the challenge to Goa’s criteria for identifying private forests – Minimum area of 5 hectares and canopy density of 0.4 deemed appropriate, rejecting the proposed reduction to 1 hectare and 0.1 canopy density – Criteria set in line with the Forest (Conservation) Act, 1980 and...
Doctrine of lis pendens – Collusive decree – Validity – Land dispute – Plaintiffs filed suit seeking declaration that order passed by High Court was collusive and not binding on their ownership rights – Plaintiffs claimed to have purchased the land in question through sale deeds – Defendants denied allegations and raised legal objections – Trial court decr...
Excise Duty Adjudication – Civil Appeal on Tribunal's Remand Order – Civil Appeal against the High Court order which set aside the tribunal's decision and remanded the matter for fresh hearing – Supreme Court addresses compliance with tribunal's directives on providing specific documents to the appellant and subsequent adjudications, highlighting the need for adherenc...