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...
Constitutional Law – Right to Life – Infringement – Petitioner sought assistance for the installation of electricity at a rented garage space for a commercial venture – Private respondents obstructed the installation in violation of the Executive Magistrate’s order under Section 144(2) Cr.P.C – The Court held that such actions infringed upon the petitioner&rsquo...
Judicial Appointments – Elevation to High Court – Writ petition under Article 32 challenging the process of reconsideration for elevation of two senior-most District and Sessions Judges in Himachal Pradesh High Court – Petitioners argued against the appointment of officers junior to them without reconsideration of their names as directed by the Supreme Court Collegium – Hig...
Constitutional Law – Validity of Legislation – Khalsa University (Repeal) Act, 2017 – Challenge to the repeal of Khalsa University established under the 2016 Act – Appellant argued the repeal act was discriminatory, arbitrary, and violated Article 14 of the Constitution – Respondent State of Punjab justified repeal, citing protection of the heritage character of Khals...
Indian Succession Act – Probate and Letters of Administration – Will Dispute – Appellants challenged the grant of probate for the Will dated 30th July 1956, executed by deceased Ibrahim in favor of his grandson (Respondent) – The Trial Court granted probate despite the non-production of the original Will – Appellants argued that the Will was surrounded by suspicious c...