Property Inheritance Dispute – Plaintiff and Defendant, brothers, in dispute over right of way to their respective inherited properties – Claim of a family settlement involving exchange of land parcels for pathway access – Trial court and appellate court ruled in favor of the plaintiff, denying existence of a valid family arrangement and emphasizing the need for registration unde...
Eviction Petition - Bona fide requirement of landlord - Challenge by tenant under Section 14(1)(e) of the Delhi Rent Control Act - Tenant assails order dismissing application for leave to contest proceedings - Grounds raised by tenant include landlord's alleged abundant alternate accommodation, age, and health status - High Court examines legality of impugned order under proviso to Section 25B...
Issue of Copyright Ownership by Sanyasi – Civil Suit for Copyright Infringement – Consideration whether a renunciate (sanyasi) retains copyright ownership in his literary works – Plaintiff Trust holds copyrights of works by Srila Prabhupada, a renounced spiritual leader – Defendant reproduced these works online without authorization – Defendant contended that Srila Pr...
Arbitration and Conciliation Act, 1996 – Section 34 – Petition challenging the Arbitration Award – Arbitration case regarding possession and construction on disputed land and damages – Award in favor of respondent directing petitioner to return land with constructions as per 1991 or pay compensation – Held: No interference under Section 34 warranted – Arbitrator...
Arbitration Award Challenge – Appellants did not file written statement of defence or lead evidence in arbitration proceedings initiated by respondent-HAFED for recovery of Rs. 26.01 lakhs – Arbitration award passed in favour of respondent, accepting the claim in toto – Appellant’s challenge to award under Section 34 of the Arbitration and Conciliation Act, 1996 dismissed b...
Delay in filing written statement - Strike off of defence - Civil revision petition under Article 227 of the Constitution of India - Petition filed by defendants seeking to set aside order striking off their defence for failure to file written statement within 90 days - Plaintiff filed suit for recovery of Rs.15,96,501/- along with interest @ 12% p.a. - Defendants alleged to have good family and b...
Caste Certificate Validation and Challenge – Scrutiny Committee validated appellant’s ‘Mochi – Scheduled Caste’ certificate based on documents from pre-independence era – High Court overturned this, citing forged documents and unauthorized intervention in the Presidential Order [Paras 1-3, 13, 17, 24].
High Court’s Scope in Writ of Certiorari ...
Selection Process and Bias – Relationship of candidates with selection committee members – Appointment of appellants as Shiksha Karmi Grade-III set aside due to close familial relationships with committee members, indicating reasonable likelihood of bias – Found not in compliance with Sections 40 and 100 of the Madhya Pradesh Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993 [Paras ...
Land Transaction & Dispute – Appellant’s acquisition of land through unregistered sale deed followed by regularization under Section 5-A of ROR Act – Subsequent cancellation of pattadar passbook and title deed by RDO and Joint Collector on appeal by the 5th respondent claiming forgery and fraud. [Para 3]
Jurisdictional Error in Appeal – Revenue Divisional Officer and...
Civil Procedure – Rejection of Plaint – Application under Order VII Rule 11 of CPC – Trial Court dismissed application to reject plaint filed by children of the donor challenging gift deed executed by their father – High Court holds that once the donor had withdrawn his suit challenging the gift deed, his children could not subsequently challenge the same deed – High ...