Lease Agreement and Dispute – Plaintiffs (lessors) filed suit for recovery of khas possession and mesne profit due to defendants’ (lessees) failure to vacate property post-lease expiry – Lease initially granted for 30 years with renewal clause for 21 years – Dispute over whether lease renewal was properly exercised [Paras 1, 2].
Application under Order XII Rule...
Interpretation of Three Vintage Legislations – The judgment focuses on the interpretation and harmonious construction of the Maharashtra Hereditary Offices Act, 1874, Maharashtra Tenancy and Agricultural Lands Act, 1948, and Maharashtra Revenue Patels (Abolition of Offices) Act, 1962 in relation to the rights over Watan lands [Paras 1, 14, 17, 20, 21].
Tenancy Rights under Watan...
Land Law – Pre-emption Rights – Maintainability of Suit – The High Court of Punjab and Haryana deliberated on the maintainability of a suit for pre-emption in the case involving the sale of land. The plaintiff-respondent, Abdul Rehman, claimed a preferential right to pre-empt the sale based on being a co-sharer in the joint khewat. The defendant-appellant, Habib Ahmed, contested ...
Tea Board (Plaintiff) vs. Peermade Tea Co. Ltd. (Defendant) - Suit for declaratory decree and return of machineries or alternative money decree for Rs. 7,01,274.54 along with damages due to breach of hire purchase agreement [Para 1].
Tea Board, a statutory body under Tea Act, 1953, provided machineries to Peermade Tea Co. under "Tea Machinery Hire Purchase Scheme." Agreement executed ...
Service Law – Judicial Review of Transfer Orders – The Supreme Court dealt with the extent of judicial review in transfer matters. The appellant contested the Division Bench's decision which set aside the Single Judge's order validating the transfer order. The Bench revisited the principles governing judicial review in cases of employee transfer. [Para 8-14]
Scope of Judicia...
Family Law – Hindu Marriage Act – Dissolution of Marriage – Court examined whether a marriage under the Hindu Marriage Act can be dissolved through a compromise in proceedings under Section 125 Cr.P.C. The court considered the legitimacy of a second marriage and its impact on family pension rights. [Para 3-5, 9-11]
Marriage Dissolution Procedure – held – ...
Motor Vehicle Accident Claim – United India Insurance Company Limited (Appellant/Insurer) against Luxman and others (Respondents/Claimants) – Accident resulting in grievous injuries to the claimant – Compensation awarded by Motor Accidents Claims Tribunal, Solan – Appeals by both the insurer and claimant for reassessment of the compensation amount [Paras 2-4].
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Accident Details – Involvement of Trailer Truck and Maruti Car – Alleged absence of tail lamps and brake lights on trailer truck – Accident occurred at night, deceased driver of the car could not notice the trailer stopping – Contributory negligence issue [Para 6, 8]
Tribunal's Finding on Negligence – Tribunal found negligence on part of both drivers ...
Land Acquisition Compensation – Enhanced Compensation - analyzed the judgements of the Karnataka High Court relating to enhanced compensation for land acquired by the State for various irrigation projects. The Court reviewed the acquisition process and compensation awards made by the Special Land Acquisition Officer (SLAO), Reference Court, District Court, and the High Court for the acquired...
Service Law - Constitutional Law – Equality and Non-Discrimination – Article 14 and 16 of the Constitution of India – The High Court examined the validity of the State's decision rejecting the petitioner's candidature for the post of Head Teacher based on her teaching experience in another State and as a guest teacher. The Court emphasized that appointments to public post...