Civil Procedure – Review Petition – Partition of Properties – Order XLVII Rule 1 CPC – The applicants sought a review of the judgment passed in O.S.A. No. 261 of 1995, arguing that the Bishop Garden house and the Bombay furnished flat should not have been considered joint family properties in the partition suit, as they were self-acquired by the applicant – Held: The ...
Civil Law - Recovery of Dues – Burden of Proof – Absence of Proof of Service – Invoice Terms Prevail – Payment Liability Affirmed - The appellant argued non-delivery of courier consignments and failure to provide proof of delivery absolved payment obligations – Respondent claimed proof was to be provided only upon request per invoice terms, which was never sought &nda...
Probate – Holograph Will – Grant of Probate Allowed – Lower Court Judgment Reversed – Appeal against rejection of probate for a holograph Will executed by testator, Sudhir Chandra Konar, on 31.12.1986 – Trial Court rejected probate citing suspicious circumstances, undue influence, and mental incapacity of the testator – High Court found the Will properly execute...
Arbitral Mandate – Application Filed Post Expiry – Section 29A(4) of the Arbitration and Conciliation Act, 1996 – Appeal Allowed - The appellant filed an application under Section 29A(4) for extending the mandate of the Arbitral Tribunal after its expiry. The High Court dismissed the application, citing delay and the absence of a pending extension request before the expiry. Held:...
Property Law - Marumakkathayam Law – Partition and Property Nature – Tharwad or Individual Ownership – Appeal Dismissed – The appellants contended that properties partitioned under Marumakkathayam law ceased to be joint tharwad property and became individually owned. Held: The properties inherited by a thavazhi remain tharwad property, jointly held by its members. The Court...
Service Law - Compassionate Appointment – Inclusion of Widowed Daughter – Discriminatory Exclusion Held Unconstitutional – Petitioner, a widowed daughter, was denied compassionate appointment under BSNL’s scheme – Court held that exclusion of widowed daughters from the definition of “dependent family member” is discriminatory, violative of Articles 14, 15,...
Motor Vehicles Act – Compensation for Accident – Determination of Just Compensation – Appellant suffered 100% permanent disability due to a road accident caused by a rashly driven lorry – Tribunal awarded Rs.58,09,930/- with 6% interest, excluding Rs.1,00,000/- for future medical expenses – High Court enhanced compensation to Rs.78,16,390/- but retained the interest r...
Registration of Gift Deeds – Applicability of Section 22-B – Rejection of Registration Orders Upheld – Appeals against Single Judge’s order directing registration of gift deeds – Section 22-B of the Registration Act applies exclusively to sale deeds and not to deeds of gift – Court held the language of Section 22-B is clear and does not extend to gift deeds &nda...
NEET UG Counseling – Merit-based Allotment – Petitioners higher in merit than respondents were excluded from the Stray Vacancy Round due to non-submission of Class XI mark-sheets indicating Biology as a subject – Petitioners submitted the requisite certificates promptly after public holidays but were not considered – Court held that procedural technicalities cannot override...
Property Law - Ad-Interim Injunction – Co-Owners in Joint Property – Injunction Denied - Plaintiff-petitioner sought to restrain defendant-respondents from constructing on portions of unpartitioned land – Court held that co-owners possess equal rights to the entire joint property, and construction by one co-owner does not amount to ouster unless exclusive and hostile possession i...