Civil Law – Specific Performance – Rejection of Plaintiffs' Claim – Appellants (Defendant Nos. 9 to 11) were bona fide purchasers of property after executing a valid sale deed with all co-owners, including the sisters (Defendant Nos. 6 to 8) – Plaintiffs (Respondent Nos. 1 and 2) had earlier entered into an agreement for the same property with only two co-owners without...
Eviction Notice – Validity and Service – Plaintiff issued an eviction notice dated 18.06.1994, which was returned with the postal endorsement “refused” on 07.07.1994. The court below held that the notice did not comply with the statutory requirement of one month’s notice expiring with the month of tenancy, as the notice period fell short by eight days. The High Court,...
Rent Control – Eviction – Jurisdiction – Respondent filed for eviction due to non-payment of rent and personal necessity. The petitioner claimed ownership based on an unregistered sale deed, disputing tenant status and jurisdiction under the Rent Control Act. Rent Controller and Appellate Court held in favor of the respondent, affirming tenancy and non-payment of rent, rejecting ...
Execution of Order – Mortgage Deed – Section 83 TP Act – Petition for quashing order rejecting objection against execution of mortgage deed – High Court upheld execution order, emphasizing that absence of decree does not bar execution – Order dated 30.06.1987 considered executable despite procedural technicalities – Execution to proceed in favor of respondents [...
Writ Petition – Maintainability – Internal Disputes Between Private Clubs – Article 226 Not Applicable - The petitioner challenged the order passed by the Ethics Officer and Ombudsman of the HCA, asserting that the dispute involved inter se issues between private clubs. The Court held that writ petitions under Article 226 are not maintainable for disputes concerning private clubs...
Civil Law – Rejection of Plaint under Order VII Rule 11 CPC – Cause of Action, Locus Standi, Limitation, Court Fees, Non-Joinder of Parties – Plaintiffs (appellants) sought declaration and injunction regarding property inherited from Tej Partap Singh – Suit challenged the validity of a Will dated 20.03.1971 and alleged oral Wills of other deceased family members, and contes...
Banking Law - Fraud Classification - Principles of Natural Justice – The petitioner, Ratul Puri, sought quashing of the Bank of Baroda's decision to classify him as a "fraud" under the RBI's Master Directions on Frauds. The Court found that the classification without prior notice or opportunity for the petitioner to be heard was in violation of principles of natural justice...
Electricity Law - Unauthorized Use of Electricity - Assessment Period under Section 126(5) – The appellant, Secretary of the Trichur Tennis Trust, disputed a final assessment made under Section 126 of the Electricity Act, 2003, for unauthorized electricity usage due to additional load without sanction. The Court clarified that under Section 126(5), if the start date of unauthorized use is un...
Land Acquisition – Religious Structure – Quashing of Notifications – The petitioner in CWP-14168-1999 sought to quash notifications issued under Sections 4 and 6 of the Land Acquisition Act, 1894, claiming that a religious structure, Gurudwara Sanjha Sahib, was constructed before the acquisition – Held: The acquisition was valid, as the land vested in the Union Territory af...
Maintainability of Writ Petition – Supervisory Role of RBI Over NBFCs – The petitioner, holding significant investments in Exclusive Capital Limited, an NBFC, sought RBI intervention alleging mismanagement, fund siphoning, and regulatory violations – Held: RBI’s role as regulator, under Chapter IIIB, involves oversight of NBFCs from inception to liquidation, authorizing jud...