Doctrine of Part Performance – Non-Compliance with Essential Requirements – Protection Denied - Defendant-appellant claimed protection under Section 53A of the Transfer of Property Act, asserting possession over the suit land based on an unregistered agreement to sell dated 12/12/1986 – Court held that the appellant failed to demonstrate readiness and willingness to perform contr...
Execution of Will – Proof and Attestation – Section 63(c) of the Indian Succession Act – Will Upheld – The appellant challenged the Will (Ext.B2), alleging irregularities and suspicious circumstances – Held: The Will’s execution and attestation were duly proved by the attestor, satisfying legal requirements – The registration of the Will lends credence, th...
Service Law – Back Wages – Reinstatement Following Illegal Termination – Petitioner, a Lecturer, was terminated illegally and reinstated after 10 years without back wages – Held, reinstatement does not automatically entitle one to back wages; requires proving non-gainful employment during the period – Fault lies with the employer (governing body) for non-compliance &n...
Income Tax – Penalty Proceedings – Defective Notices – Penalties Quashed – Revenue appeals challenge ITAT orders deleting penalties under Section 271(1)(c) for lack of clarity in penalty notices – Court observed that notices failed to specify the exact charge of “concealment of income” or “furnishing inaccurate particulars” – Held: Defect...
Writ Jurisdiction – Judicial Orders of Civil Courts – Scope Under Articles 226 and 227 Distinguished – Petitioners challenged rejection of an amendment application by a civil court under Article 226 – Court clarified that judicial orders of civil courts are not amenable to writ jurisdiction under Article 226 but can be reviewed under Article 227, as reiterated in Radhey Shy...
Service Law – Age of Superannuation – Classification as Class-III Employee Affirmed - Petitioner contended that he was a Class-IV employee entitled to retire at 60 years instead of 58 years – Court upheld the respondents’ classification, noting that the petitioner worked as a Diesel Mechanic in the pay scale reserved for Class-III employees, making the retirement age of 58 ...
Jurisdiction – Show Cause Notice – Section 41-A of the Indian Stamp Act – Quashed – Appeal against the issuance of a show-cause notice under Section 41-A by the District Registrar of Assurances, Ananthapuram, demanding deficit stamp duty – High Court held that Section 41-A applies only to registered instruments and cannot be invoked for unregistered documents – ...
Caste Claim – Rejection for Lack of Evidence – Validity Upheld – Petitioner’s claim for belonging to "Mana" Scheduled Tribe was rejected due to discrepancies in ancestral records – Vigilance Cell report found tampered documents wherein "Mani" was altered to "Mana" – Court upheld Committee’s rejection, emphasizing the probative...
Service Law – Deployment Order – Validity Upheld – Petition challenged a deployment order transferring the petitioner to the Belagavi Bench, contending lack of jurisdiction by the Chairman of the Tribunal – Court held that Section 13(1A) of the Administrative Tribunals Act grants wide superintendence powers to the Chairman, including issuing deployment orders – Deploy...
Habeas Corpus – Child Custody – No Detention Found – Petitioner sought a writ of habeas corpus for her minor daughter allegedly detained by her estranged husband – Court held that since no judicial orders presently govern custody and respondents possessed a valid injunction restraining forcible removal of the child, no case of illegal detention exists – Petition dismi...