Natural Justice – Penalty Imposed Without Consideration of Reply – Non-Speaking Order – The petitioner challenged the penalty imposed for illegal mining, contending that the order was a non-speaking one, passed without considering her detailed reply – Held: A quasi-judicial authority must pass reasoned orders, and failure to do so violates the principles of natural justice ...
Service Law - ACP Scheme – Benefit of Past Service for Grant of 2nd ACP – Past Service Must Be Counted – The petitioner, a clerk, sought the 2nd ACP on completion of 9 years of service after being transferred from one Sessions Division to another – The Court held that the petitioner’s past service must be counted for the benefit of the ACP scheme since the rule restri...
Locus Standi – Plaintiffs' Lack of Standing – Section 8 of the Hindu Succession Act – Plaintiffs, grandchildren of the deceased Tej Pratap Singh, lacked locus standi to challenge his Will as they did not fall within the Class-I legal heirs during the lifetime of their mother, Ravinder Kaur, who was one of the legal heirs – The succession rights crystallized upon Tej Pra...
Rejection of Plaint - Partnership Act – Bar on Unregistered Firm Filing Suit – Applicability of Section 69 – Applicant (defendant) contended that the suit for specific performance filed by the respondent (plaintiff) was barred under Section 69 of the Indian Partnership Act as the plaintiff firm was not properly registered, and the person filing the suit was not a partner at the t...
Tenancy Law – Decree of Eviction – Original lease deed not marked as exhibit – Certified copy challenged – Appellant argued for applicability of West Bengal Premises Tenancy Act, 1997 – Appellate court upheld the trial court’s judgment dismissing appeal – No notice of renewal issued by appellant – Acceptance of rent post-lease expiry did not imply as...
Civil Procedure – Impleadment of Third Party – Application Under Order 1 Rule 10 Denied - The petitioner sought to be added as a defendant, asserting interest based on a post-suit sale of property. The trial court denied this, citing lis pendens principles – Held: As per Section 52 of the Transfer of Property Act, the post-suit sale does not confer impleadment rights, rendering t...
Tenancy Law - Landlord-Tenant Relationship – Unlawful Subletting – Tenant's Liability Confirmed – The plaintiffs (landlords) challenged the finding that Defendant Nos. 2 and 3 were direct tenants of the plaintiffs, asserting that they were unlawfully inducted as subtenants by Defendant No. 1 (son of the original tenant) – Held: The Trial Court and Appellate Court errone...
Civil Law – Partition and Execution – Limitation – The appellants, legal representatives of the original plaintiff, filed an Execution Petition for possession after the final decree in a partition suit was passed in 1970 and engrossed on stamp paper in 1990 – The respondents, legal heirs of a pendente lite transferee, challenged the petition as time-barred under Article 136...
Desertion and Cruelty – Prolonged Separation as Grounds for Divorce – Appeal Allowed - The appellant claimed that the respondent deserted him without cause, and long-term separation amounted to cruelty – Held: Continuous separation for over two decades with no genuine reconciliation efforts demonstrates desertion and mental cruelty under Section 13(1)(ia) and (ib) of the H.M. Act...
Central Goods and Services Tax Act, 2017 – GST Registration Suspension – Requirement of Landlord Consent – Tenant Rights – Suspension and Cancellation – The petitioner, M/s Crystal Beverages, challenged the order-cum-show cause notice dated 10.07.2024, suspending its GST registration over alleged unauthorized use of additional premises due to a lack of No Objection Ce...