Education Law – MBBS Admissions – OCI Cardholders' Eligibility – Petitioner, an Overseas Citizen of India (OCI), sought admission under the category reserved for wards of gallantry award recipients – The petitioner was allocated an NRI quota seat but sought admission under the State quota – Held: The petitioner did not fulfil the eligibility requirements under the...
Property Law – Co-operative Housing Society – Conveyance of Property – Section 11 of MOFA – Injunction Granted – Petitioner (Sita Vihar Co-operative Housing Society Ltd.) sought enforcement of statutory obligations under the Maharashtra Ownership of Flats Act (MOFA), 1963, seeking conveyance of the suit property from Respondents 1 to 8 – Petitioner also sought t...
Civil Procedure – Pecuniary Jurisdiction – Valuation of Relief – Section 16, Andhra Pradesh Civil Courts Act, 1972 – The appellant filed a suit for specific performance of a sale agreement with an alternative relief for refund of sale consideration, valued at ₹1,08,42,666/- – The District Court returned the plaint, holding that the primary relief for specific perfor...
Property Law – Auction Sale of Temple Property – Execution of Sale Deed – Sections 53A of the Transfer of Property Act, 1882, and 80 of the AP Endowments Act, 1987 – The petitioner, Aditya Academy, purchased land in a public auction held by the respondent temple in 2002 – Despite full payment of the sale consideration and delivery of possession of the property, the re...
Trust Law – Dismissal of Suit under Section 92 CPC – Maintainability and Jurisdiction – Petitioners challenged the dismissal of a suit filed under Section 92 CPC seeking declaration of a religious institution as a public trust – Civil Judge dismissed the suit at the admission stage for lack of a trust deed, identity of trustees, and rules governing the trust – Held: S...
Consumer Law – Filing of Written Statement – Appellant’s Right Foreclosed – The National Consumer Disputes Redressal Commission (NCDRC) foreclosed the Appellant’s right to file a written statement in response to the complaint due to the failure to submit it within the 45-day statutory period – The Appellant argued that the delay was due to the non-receipt of the...
Civil Law – Land Encroachment – Plaintiff-appellants filed a suit for mandatory injunction seeking to restore a passage allegedly encroached by defendant-respondents – The suit claimed that the passage was demarcated, and the encroachment merged into the defendants’ land – Trial Court and First Appellate Court dismissed the suit, finding that the demarcation was impro...
Civil Law – Constitutionality of Section 96(b) of Cantonment Act, 2006 – Petitioner, operator of a shopping mall, challenged the constitutional validity of Section 96(b) of the Cantonment Act, 2006, which mandates the deposit of the disputed tax amount as a pre-condition for the hearing of an appeal – Petitioner argued the provision was arbitrary, violative of Articles 14 and 19(...
Prohibition Law – Vehicle Confiscation and Auction – Disproportionate Penalty – The petitioner’s vehicle was seized for the recovery of 1 liter of country-made liquor, and subsequently auctioned for ₹3,25,000 – The Excise Commissioner ordered the return of ₹2,23,073 to the petitioner after deducting a fine of ₹1,01,927 – Held: The penalty imposed was dispr...
Governor’s Sanction – Section 17A, Prevention of Corruption Act – Validity of Approval – Sanction Upheld - The petitioner, the Chief Minister of Karnataka, challenged the Governor's order granting approval under Section 17A of the Prevention of Corruption Act and Section 218 of the BNSS, contending it was issued without proper application of mind and violated natural ju...