Landlord-Tenant Dispute – Ejectment under Rent Act – Revision petition by tenant challenging orders for eviction under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 – Landlord claimed bonafide personal necessity for eviction – Tenant disputed landlord's ownership and authority to seek eviction – Tenant’s contention that landlord must be the ...
Regular Second Appeal – Dismissal – Challenge to Judgments and Decrees of Trial Court and First Appellate Court in suit for declaration and joint possession – Suit dismissed by both courts – Appellant's plea of fraud in obtaining initial judgment and decree in Civil Suit No. 1105 of 1990 and subsequent mutations – No merit found by High Court – Concurrent fi...
Appeal Against Tribunal Award – The New India Assurance Company Limited challenges the award of the Motor Accident Claims Tribunal, Karnal, regarding compensation for the death of Ajay in a road accident involving a motorcycle and a tractor [Para 1].
Factual Background – On 23.06.2020, Ajay and Parveen met with an accident caused by a tractor, resulting in Ajay’s dea...
Marriage and Divorce - Appeal challenging Family Court's decision on property ownership - Facts surrounding the purchase of disputed Juhu Flat and tenancy of Cuffe Parade Flat - Family Court's dismissal of Mrs. Rajeshri V. Mahesh's judicial separation petition and decree of divorce in favor of Respondent, based on grounds under Sections 13(1)(i-a) and 13(1)(i-b) of the Hindu Marriage A...
Background – Suit for Declaration and Permanent Injunction – Family Settlement: The appellant, defendant in a suit filed for declaration and permanent injunction by the respondent-plaintiff, claimed joint ownership of family properties based on an unregistered family settlement dated 10.10.2011 [Paras 1-2].
Trial Court Decision – Partial Decree – Possession Pro...
Application for Amendment of Relief – Sought at End of Trial – Request to modify relief from declaration of a document as void to cancellation of the document – Consideration of legal implications and due diligence by the plaintiff – Plaintiff’s limited knowledge of legal terms and reliance on legal advice [Para 6].
Order VI Rule 17 C.P.C. – Limitat...
Registration Law - Mandamus to Register Sale Certificate - Writ petition seeking mandamus directing Sub-Registrar to register sale certificate issued under SARFAESI Act - Sub-Registrar refused registration citing pending Income Tax dues against original owners - Supreme Court holds SARFAESI Act provisions override other statutory claims - Mandamus issued directing Sub-Registrar to register sale ce...
Modification of interim maintenance under Section 24 of the Hindu Marriage Act, 1956 - Original order directed the Husband to pay Rs.66,000/- per month cumulatively to Wife and daughters following a divorce petition - Husband seeks modification citing elder daughter’s majority and employment in the USA, reduction in his salary, and personal financial constraints, including increased re...
Eviction Order Challenge - Petitioner Kulwant Singh challenging eviction order due to non-filing of application for leave to contest under Section 14(1)(e) - Respondent Vikas Ahuja filed eviction petition - Petitioner did not vacate the subject premises post expiry of tenancy agreement, leading to the present dispute - Issue revolves around the service of summons and whether the petitioner's w...
Classification of Employees as Workmen – Industrial Disputes Act, 1947 – Section 2(s) – Interpretation by Industrial Tribunal – Challenge in High Court – High Court upholds Tribunal’s classification of certain employees as ‘workmen’ under the Act. Tribunal found that these employees primarily performed manual, skilled, and unskilled work, contrary to...