Hindu Succession Act, 1956 – Section 14(1) – Right of Widow – Possession Requirement – Civil Appeal arising from dispute over joint Hindu family property – Held, widow's right to maintenance alone, without possession, does not convert to full ownership under Section 14(1) – Widow's adopted son cannot claim partition rights based on widow's unasserted...
Title and Possession – Suit for Partition – Inheritance under Modified Mitakshara Law – Appeal from High Court decision granting partition – Supreme Court reverses decision, upholding First Appellate Court’s findings. Clarifies legal heirs’ entitlement and lease agreements related to property. Affirms that Chiruthey lost her rights in her first husband’s p...
Service Law – Regularization of Service – Petitioner seeking regularization of service from 1992 to 2016 on notional basis without financial benefits and from 2016 onwards with financial benefits – Petitioner continuously worked since 1992 – Government had conferred ‘Temporary Status’ in 2013 and regularized service in 2016 – Citing precedents on regulariz...
Condonation of Delay – Inordinate Delay – Administrative Lapses – The State sought condonation of a delay of 1679 days (4 years and 7 months) in filing a review petition – Court held: The State's reasons, including reliance on administrative procedures, COVID-19 pandemic, and rainfall in Kolhapur, were insufficient to explain the inordinate delay – Mere procedural...
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act – Compensation Claim – Settlement Between Parties – FIR Quashed – Compensation Denied – Petitioner sought increased compensation after settlement and quashing of FIR – Court held that the quashing of FIR nullifies the legal basis for compensation – Petition dismissed [Paras 12–14].
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Contract Law – Suit for Recovery of Money – Appeal Against Decree – Partial Decree of Money Suit – Settlement of Accounts and Acknowledgement of Debt – The appellants contested a partial decree granted to the respondent for recovery of a sum of Rs. 1,03,91,700/- with future interest at the rate of 6% per annum on Rs. 67.77 lakh from the date of the suit. The appellant...
Gift Deed – Nature of Gift – Validity of Gift Condition – Absolute Transfer Upheld – The oral gift of agricultural land in 1953 was challenged by the plaintiffs on the grounds that it was conditional upon the defendants rendering perpetual services to the donor and his heirs – Held: The gift was an absolute transfer of ownership, and the condition of rendering perpetu...
Grounds for Divorce – Desertion – Long-Term Separation Constituting Desertion - The appellant argued that the trial court erred in granting a divorce on grounds of desertion without specifically establishing intent (animus deserendi) as required under Section 13(1)(ib) of the H.M. Act – Held: The Court confirmed that the prolonged separation of over 27 years without reasonable ca...
Motor Vehicle Act – Pay and Recovery – Owner’s Negligence in Verifying Driver’s Licence – Accident resulting in fatalities of rider and pillion rider due to rash and negligent driving of the first respondent without a valid driving licence – Tribunal directed insurance company to pay compensation to claimants with recovery rights against the vehicle owner &ndash...
Public Land – Unauthorized Construction – Jurisdiction of Authorities – The petitioner alleged unauthorized construction on government land under Dag Nos. 1320 and 1321 belonging to the Irrigation Department – Private respondents admitted partial encroachment and sought long-term lease – Held: Encroachment on Jola and Doba land, classified as irrigation land, requires...