Substitution of Legal Representatives – Hindu Marriage Act – Appeal against Family Court’s order allowing substitution of deceased husband’s parents as legal representatives in a petition under Section 11 – Appellant contends proceedings abated upon husband's death – Family Court held Order 22 of CPC applicable, allowing substitution – High Court affir...
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...
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...
Compassionate Appointment – Criteria and Application – Petitioners challenged the denial of compassionate appointment to Pradip Kumar Pandit despite multiple directives for reconsideration from the learned Tribunal. The respondents repeatedly rejected the application based on the inapplicability of educational qualifications and procedural grounds. The court affirmed that the compassio...
Property Law – Validity of Sale Deed – Execution and registration of sale deed in 1985, presented for registration the same year but registered in 2011 – Defendant did not specifically deny execution or receipt of consideration – High Court erred in invalidating the sale deed on grounds of delay and minor’s involvement – Presumption of correctness of registered ...
Income Tax – Bogus Purchases – Disallowance of 10% – The appellant challenged the disallowance of 10% of purchases deemed bogus by the ITAT, despite the acceptance of sales as genuine by the Revenue – Held: The ITAT found no cogent or convincing evidence to support the Revenue's allegation that all purchases were bogus – The ITAT, however, upheld the CIT-A's d...
Environmental Law – Suo Motu - Public Trust Doctrine - Environmental Conservation - Rivers and Water Bodies as Public Resources – The Court underscored the doctrine of public trust, emphasizing that natural resources like rivers, lakes, and water bodies are held by the State in trusteeship for public use. It directed the State to prevent private encroachment and protect these resources...
Service Law – Transfer Orders – Non-Compliance by Employees – Quashing of Transfer Orders – The appellants (Tamil Nadu Agricultural University) challenged the quashing of transfer orders by the High Court – Supreme Court held: Transfer is an exigency of service and employees have no right to refuse compliance once relieved from their original posting – Employees...
SARFAESI Act – Bar under Section 34 – Fraud Allegations and Collusion – Suit Maintainable – The petitioner, a shareholder and director, alleged fraud and collusion between respondent-bank and other directors regarding the sanctioning of a loan without board authorization – The trial court and appellate court rejected the suit under Order VII Rule 11, citing the bar un...
Civil Procedure – Co-ownership – Suit for Possession – The appellants challenged the trial court's decree for possession of a portion of the suit property in favor of the respondent, who was a co-owner – The appellants contended that without a decree of partition, the suit for possession was not maintainable – The court held that in view of the oral settlement bet...