Sale Deed – Validity – Fraud Allegations – Appeal against judgments upholding sale deed validity despite allegations of fraud and violation of the Chhotanagpur Tenancy Act (CNT Act) – Original suit filed 14 years post-execution claiming the sale deed was fraudulent – Trial Court and First Appellate Court held the sale deed void under Section 46(1)(b) of CNT Act due to...
Revenue Records – Correction of Entries – Appellants contested the correction of entries in revenue records by the Revenue Divisional Officer without an underlying order – Court examined procedural requirements under A.P Records of Rights in Land and Pattadar Pass Books Act, 1971 – Held, an appeal under Section 5(4) of the Act must be against a specific order of the Tahsild...
Jurisdiction – UK Court’s Jurisdiction – Appellant contested jurisdiction of the UK Court over claims based on two Personal Guarantees – UK Court’s jurisdiction affirmed due to service of process under Section 1140 of the English Companies Act, using the appellant’s registered address for service in UK – High Court of Delhi held UK Court had jurisdiction a...
Intra-Court Appeals – Maintainability – Orders Passed by the Board of Revenue – Appeals were filed against the common and individual orders passed by the Board of Revenue in its appellate and revisional capacities, challenged through writ petitions under Articles 226 and 227 of the Constitution – The core issue was whether intra-court appeals against judgments of Single Jud...
Constitutional Law – Right to Legal Aid – Fundamental Right under Article 21 – Writ Petition under Article 32 filed seeking humane treatment for prisoners, decongestion of jails, and access to legal aid – NALSA's efforts in ensuring legal aid for prisoners emphasized – Court acknowledges the importance of legal aid in ensuring equal justice as per Article 39-A of ...
Divorce Petition – Rejection under Order VII Rule 11 CPC – Appellant’s application to reject the divorce petition based on desertion and adultery dismissed by Family Court – High Court upheld Family Court’s decision, emphasizing that a petition cannot be rejected in part and needs to be considered as a whole – Adultery allegations and non-joinder of alleged adul...
Rent Enhancement – Fair Rent Assessment – Petitioners challenged the Tribunal’s order directing payment of enhanced fair rent and current rent – Contention that the Tribunal granted final relief on an interlocutory application and erroneously applied precedents without factual alignment – Order set aside and directions issued for proper assessment by the Tribunal [Par...
Tenancy Law – Eviction Decree – Grounds of Eviction – Applicants-tenants challenged the judgment of the District Court and Additional Small Causes Court Pune, which decreed eviction on grounds of arrears of rent, destruction/injury to the premises, and erection of a permanent structure – Appellate Court confirmed the decree – Held: Ground of default in payment of rent...
Arbitration Award – Lack of Jurisdiction – Appeal against arbitral award on the ground that the court at Indore lacked jurisdiction – Parties had agreed that courts at Ahmedabad alone would have jurisdiction – Held, designation of “venue” as Ahmedabad implies exclusive jurisdiction of Ahmedabad courts – Arbitral award set aside for want of jurisdiction [Pa...
Jurisdiction – Execution of Decrees – The executing court in Bhubaneswar rightly upheld the execution of the decree transferred from the Nagpur Court – Section 39 of CPC empowers the court to transfer decrees for execution – No irregularity found in the transfer process – The application under Section 47 CPC questioning the decree’s enforceability dismissed as n...