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...
Service Law - Social Forestry Workers – Claim for Permanency – Kalelkar Award – Writ Petitions by Social Forestry Division challenging the Industrial Court’s orders granting permanency to daily wage workers under the Kalelkar Award – Petitioners contended that workers were engaged seasonally and not entitled to permanency as no sanctioned posts existed – Held: I...
Education Law – Admission Delay – Petitioner, a meritorious student from the Scheduled Caste category, secured a rank of 1455 in JEE (Advanced) 2024 and was allotted a seat in IIT Dhanbad for B.Tech in Electrical Engineering – Due to technical issues, his payment and document upload failed before the portal closed – Despite multiple login attempts, his fee payment was unsuc...
Civil Law – Cheque Bounce – Suit for Recovery of Money – Plaintiff, a coffee trading company, claimed that the defendant issued a cheque for ₹14,07,456 to clear outstanding dues – Cheque was dishonored due to insufficient funds – Trial Court dismissed the suit, finding that the cheque was issued in favor of the company's chairman in his personal capacity, not th...
Civil Law - Derivative Action – Rights of Shareholders – The appellants, minority shareholders, filed a derivative action challenging the sale of a property owned by the company. They sought injunctions and other reliefs on the ground of mismanagement and under-valuation – Held: A shareholder has no direct right over the assets of the company. However, in derivative suits, shareh...
Taxation Law - Insolvency and Bankruptcy Code – Extinguishment of Claims – Section 31 and Section 32A IBC – The appellant sought to extinguish excise duty demands not included in the resolution plan approved during Corporate Insolvency Resolution Process (CIRP) under IBC – Held: Following the resolution plan approved by the NCLT and in the absence of a claim filed by the re...
Specific Performance – Agreement to Sell – Perversity in Findings – Appeal Allowed – Appellant, Lakha Singh, challenged the concurrent findings of the lower courts denying specific performance of an agreement to sell land and directing recovery of earnest money – The respondent-plaintiff alleged that the appellant-defendant failed to execute the sale deed as per the a...
Public Employment – Reservation Policy – Recruitment for Primary Teachers – Notification for 1423 posts of Primary Teachers was issued on 12.09.2006 – OBC reservation was introduced on 27.12.2006 after the recruitment process had commenced – High Court ruled that OBC reservation could not be applied retrospectively – Held: High Court’s judgment upheld, and...
Civil Procedure – Written Statement – Order 8 Rule 1 of CPC – Revision petition filed challenging the acceptance of a written statement beyond the stipulated 90 days – Plaintiff contended that the trial court erred in allowing the written statement without a formal application for condonation of delay – Held: The court cannot extend time for filing the written stateme...
Civil Writ - Interpretation of Section 142(1), Maharashtra Prohibition Act – Powers of Collector – The petitioners, liquor license holders, challenged the closure orders under Section 142(1) of the Maharashtra Prohibition Act, which mandated the closure of all liquor shops in the district on Dr. Babasaheb Ambedkar Jayanti – Held: The term "any place" in Section 142(1) m...