Land Revenue – Correction of Khasra Girdawari during Civil Suit – Legal Prohibition – The revenue authorities allowed the correction of khasra girdawari during the pendency of a civil suit involving the same land, despite the existence of a status-quo order. – Held: Once a civil suit is pending, and a status-quo order is in place, it is inappropriate and contrary to law for...
Service Law - Disciplinary Proceedings Post-Superannuation – Jurisdictional Limitations – Proceedings Declared Void – Disciplinary proceedings initiated against the respondent after the expiration of his extended service period on 01.10.2010 were held void-ab-initio – Court emphasized that initiation of proceedings post-superannuation lacks jurisdiction under Rule 19(3) of ...
Service Law - Jurisdiction of Summary Security Force Court (SSFC) – Section 46 of BSF Act – Trial of Civil Offences – Nullity of Proceedings – The Summary Security Force Court convicted and punished the petitioners for remitting bank drafts disproportionate to their known sources of income under Section 46 of the BSF Act read with Section 13(e) of the Prevention of Corrupti...
Hindu Law – Partition and Coparcenary Rights – Appeal – Daughters sought partition of ancestral property allotted to their father under a partition deed (Ex.A1) – Trial Court decreed the suit granting 1/5 share to each daughter – First Appellate Court reversed the decision, holding the property as self-acquired – High Court found the First Appellate Court miscon...
Declaration of Title and Cancellation of Sale Deed – Burden of Proof – Fraud Not Proved – The appellants (plaintiffs in O.S. No. 102 of 1999) sought cancellation of a registered sale deed executed in 1978 and declaration of title over the disputed property. The appellants alleged fraud and undue influence but failed to provide specific evidence of fraud, undue influence, or misre...
Civil Law - Res Judicata – Applicability in Appellate Court – The appellants contended that the appellate court’s decree, allowing the plaintiffs’ cross-objection for Plots Nos. 544 and 545, violated res judicata since the prior ruling in RFA No.16/2004 dismissed claims over these plots without further challenge – Held: The issue had been conclusively determined, thus...
Service Tax – Applicability in Jammu & Kashmir – Exclusion under Section 64 of the Finance Act, 1994 – Petitioners, licensed gun manufacturers operating in Jammu & Kashmir, challenged the levy of service tax on proof testing charges imposed by the Ministry of Defence – Held: Section 64 of the Finance Act, 1994 expressly excludes applicability of service tax to the S...
SARFAESI Act – Delay Condonation under Section 17 – Applicability of Limitation Act – DRT Can Condon Delay – The Gauhati High Court examined whether the Debts Recovery Tribunal (DRT) can condone delays in filing applications under Section 17 of the SARFAESI Act by applying the Limitation Act – The Court distinguished between original proceedings under Section 19 of th...
Adoption Deed Registration – Applicability to Muslim Personal Law – Adoption Not Recognized – Refusal Upheld - The Muslim Personal Law (Shariat) Application Act, 1937, does not recognize adoption as a mode of filiation – Petitioners sought to register an adoption deed, which was refused citing lack of provision under the Registration Act, 1908, and the absence of enabling p...
Partnership Law – Dissolution of Partnership – Rights of Outgoing Partner – Suit for Settlement of Accounts – Original plaintiff filed Suit No. 286 of 1978 seeking dissolution and settlement of accounts of a partnership firm, Crystal Transport Service, alleging improper conduct by other partners in diverting firm assets – Trial court's preliminary decree dissolved...