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...
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...
Defamation – Ad Interim Ex Parte Injunction – Plaintiff, a Senior Advocate and Spokesperson for BJP, seeks removal of defamatory videos and posts from social media platforms – High Court emphasizes balance between Right to Free Speech and Right to Reputation – Cites "Bonnard Principle" for granting interim injunctions in defamation suits, emphasizing caution in pr...
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...
Requisition and Compensation – Land Acquisition Act, 1894 – Enhancement of Rent – Kolkata Municipal Corporation (KMC) challenged the enhancement of rent compensation assessed by the First Land Acquisition Collector – Respondent challenged a letter proposing a fresh inspection – Single Judge upheld the rent assessment but revoked the proposed inspection – Court f...
Pension – Qualifying Service Calculation – Petitioner contested the calculation of qualifying service for pension, arguing that his entire period of service should be counted, including the time spent as a work-charge employee – High Court found the Tribunal and respondents adhered to the applicable guidelines (Oms dated 14.05.1968 and 10.03.1986) – Petitioner’s relia...
Guardianship and Custody – Appointment of Guardian – Petition for appointment of the father as the guardian and grant of permanent custody of minor child – Petitioner remarried and employed in Muscat – Respondent mother also remarried – Child expressed preference to stay with the father – Child to relocate to Muscat for further studies – Petition allowed w...
Property Law – Possession and Title – Plaintiffs sought direction for defendants to vacate and deliver possession of property and pay damages for illegal occupation – Defendants claimed property was ancestral and sale by predecessor was invalid – Court found sale deed executed by Mehanatha Mudaliar in 1995 valid and binding, plaintiffs perfected title – Defendants&rsq...
Commercial Dispute – Nature and Scope – Application filed by State Bank of India under Order VII Rule 11 CPC seeking rejection/return of the plaint on the ground that the suit involving allegations of fraud and misappropriation of funds by the bank manager does not constitute a commercial dispute under Section 2(1)© of the Commercial Courts Act – High Court observed that the...
Land Acquisition – Change of Public Purpose – Petitioner's challenge to acquisition for a mandi, later repurposed for a school playground and building – Court holds repurposing still serves public purpose – No merit in petitioner's claim for land release [Paras 1-10].
Procedural Lapse and Delay – Petition dismissed on grounds of delay and latches ...