Land Law – Mutation of Leasehold Property – The petitioner sought mutation of a plot in Salt Lake City, which was transferred to him through a registered deed of conveyance – Authorities demanded the petitioner file an affidavit declaring that he and his family do not own any other property in the KMDA area, citing the Urban Land (Ceiling and Regulation) Act, 1976 – The pet...
Service Law – Counting of Casual Service for Pension – Petitioners sought counting of their period as casual laborers in Arboriculture Organization for the purpose of pension and other retirement benefits – Petitioners were conferred with temporary status in 2012 and absorbed in 2015 – Court held that under the Odisha Civil Services (Pension) Rules, 1992, casual laborers ar...
Service Law - Employment Eligibility – Criminal Charges and Moral Turpitude – Circular dated 04.12.2019 – The petitioner, who was selected for a post in the Rajasthan State Services based on his merit, was denied appointment due to pending criminal charges related to matrimonial disputes – Held: The respondents erred in mechanically applying the circular without considering...
Tenancy Rights – Inheritance of Tenancy – Section 2(j) H.P. Urban Rent Control Act – Eviction Ordered – The appellants argued that they inherited the tenancy after the death of Rajesh Kochhar, the original tenant’s son, under Section 2(j) of the Act. The court held that after the deaths of Rajesh and Prakash Kochhar, the tenancy did not devolve further to the legal he...
Contempt of Court – Non-Compliance with Court Order – The appellant was held in contempt for failing to pay the revised rent of ₹2 per sq. foot as directed by the court – Appellant argued that the payment of rent was delayed due to ongoing negotiations over municipal tax dues owed by the Satram, which was to be offset against the rent – Court held that while public funds ...
Specific Performance – Validity of Sale Agreement – Exhibit A1 - The appellants contended that Exhibit A1 (the sale agreement) was forged and fraudulently created using signed blank papers handed over to the plaintiffs as security in a loan transaction – Held: The appellants did not dispute the execution of Exhibit A1 or the receipt of Rs.700,000/- as part of the sale considerati...
Civil Procedure – Application for Additional Evidence – Order 18 Rule 17 CPC – Petitioner sought to introduce Jamabandi for the year 2021-22 as additional evidence to rebut the respondents’ claim in a suit involving the validity of a Will – The trial court dismissed the application on the grounds that the proposed evidence was not relevant to the suit property –...
Civil Procedure – Application for Rejection of Plaint – Order VII Rule 11 CPC – Petitioners (defendants) filed an application seeking rejection of the plaint on the ground that the plaintiff (respondent) had not affixed ad valorem court fee on the value of the suit property – The plaintiff sought a declaration that the sale deed and transfer deed executed in favor of the pe...
Professional Misconduct – Chartered Accountants – Referral to Disciplinary Committee – The petitioner, a Chartered Accountant, challenged the Board of Discipline’s decision to refer a matter for further inquiry regarding alleged misconduct related to auditing companies without proper compliance with RBI regulations – The High Court held that the Board was within its p...
Tenancy Rights – Section 5(11)(c) Bombay Rent Act – Claim of Tenancy by Family Member – Plaintiff’s Status as Tenant Rejected – The applicant claimed tenancy rights under the Bombay Rent Act as a family member of the deceased original tenant, Ms. Dinamai Rustomji Master, asserting residence since 1974 – The trial court accepted the claim, but the Appellate Bench...