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...
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...
Civil Law - MACT - Power of Review – Motor Accidents Claims Tribunal – Tribunal Lacks Power of Review – The Tribunal recalled its award and ordered recovery from the owner of the vehicle based on newly presented evidence – The Court held that the Tribunal has no inherent power of review under Section 169 of the Motor Vehicles Act, 1988, and cannot review its orders unless t...
Gift Deed – Validity and Acceptance – Section 126 of the Transfer of Property Act, 1882 – Gift Deed Upheld – The appellant challenged the validity of a registered gift deed dated 05.03.1983 executed in favor of the respondent – The appellant revoked the gift on 17.08.1987, claiming non-acceptance – Held: The gift deed was validly executed and accepted as it was ...
Civil Law - Execution Proceedings – Maintainability of Objections – Code of Civil Procedure, Order XXI, Section 47 – The appellants contested the execution of a final decree in a partition suit, asserting co-sharer rights in the disputed property – Held: Under Section 47, objections to execution by co-sharers with existing possessory rights are maintainable; howev...
Promissory Notes – Execution and Discharge – Plaintiff sought recovery of ₹1,95,615 based on promissory notes dated 02.05.1991, 06.05.1991, 26.06.1991, 19.11.1991, and 09.02.1992 – Defendant acknowledged execution of the notes but claimed discharge through various payments, including a disputed payment of ₹71,867 – Trial Court found the endorsements on the notes genuine...
Civil Writ – Labour Law - Principles of Natural Justice – Failure to Supply Interim Reports – The petitioner challenged the impugned order, arguing that it was passed without providing copies of interim reports prepared by the Social Security Officer, which were relied upon by the respondent – Held: The failure to supply the interim reports and not providing an opportunity ...
Specific Performance of Contract – Readiness and Willingness – Appellant sought specific performance of an agreement to sell immovable property – Trial court granted refund of earnest money but denied specific performance, accepting respondent as a bona fide purchaser – High Court reversed the decision, holding that the appellant proved readiness and willingness, and the re...
Partition Suit – Preliminary Decree – House Ownership – Allotment of Improved Property to Builder – The appellant and respondent were co-owners of the disputed suit land, with the appellant owning 4/5th and the respondent owning 1/5th – The respondent had constructed a wooden house on the suit land before the appellant became a co-owner – Held: In partition suit...
Service Law – Disciplinary Proceedings – Dismissal from Service – Challenge to Orders – Petitioners challenged their dismissal from service and subsequent rejection of appeals and revision petitions – Allegations included involvement in theft, neglect of duty, and misconduct – Inquiry officer exonerated petitioners of most charges except for neglect of duty &nda...