Civil Procedure – Maintainability of Suit – Suit challenging alleged partition as illegal and void, questioning lawfulness of compromise in earlier suit – Earlier suit still pending, no decree based on compromise – Held, subsequent suit not barred under Order XXIII Rule 3A CPC – Dismissal of suit by Trial Court for lack of jurisdiction set aside, suit restored for adj...
Goa’s Criteria for Identifying Private Forests – Validity Upheld – Supreme Court rejects the challenge to Goa’s criteria for identifying private forests – Minimum area of 5 hectares and canopy density of 0.4 deemed appropriate, rejecting the proposed reduction to 1 hectare and 0.1 canopy density – Criteria set in line with the Forest (Conservation) Act, 1980 and...
Irretrievable Breakdown of Marriage – Dissolution of Marriage Granted – The Supreme Court granted a decree of divorce based on the irretrievable breakdown of marriage between Prakashchandra Joshi (appellant) and Kuntal Prakashchandra Joshi @ Kuntal Visanji Shah (respondent). The parties had been living separately since February 2011, with no contact for almost 13 years, and the respond...
SARFAESI - Writ Petition – Refund of Amount Paid in E-Auction – Petitioner sought refund for amount paid in e-auction under SARFAESI Act for property with undisclosed litigations and encumbrances – Relief granted for refund of sale consideration, stamp duty, house property tax, and interest. [Para 1, 33, 49, 50]
SARFAESI Act, 2002 – Sale/Auction of Secured Asse...
Land Acquisition – Adequacy of Notification and Consideration of Objections – Notification under Section 11 of RFCTLARR Act, 2013 issued for acquisition of land for Waste Water Treatment Plants (WWTPs) – Objectors’ claims of discrimination, malafides, and absence of urgency in dispensing with Chapter II & III of the 2013 Act found to be without merit – Notificatio...
Eviction Petition – Dismissal by Additional Rent Controller – Landlords' eviction petition under Section 14(1)(e) of the Delhi Rent Control Act dismissed after trial for failing to prove bona fide need and dependency of son Jaswant. Order contested by landlords in High Court. [Para 1, 4]
Property Ownership and Tenancy Relationship – Ownership of petitioner over t...
Condonation of Delay – Dismissal of Restoration Application – Application for restoration of RSA 61/1975 dismissed due to delay of 25 years and 2 months – Counsel for appellant unable to provide cogent reasons for the delay – Reliance on judgments for condonation of delay found inapplicable – Court emphasizes that delay cannot be condoned without sufficient reason, re...
Civil Law - Court Fee – Declaration and Consequential Relief – Mandatory Injunction as Distinct Relief – Challenge to trial court's order directing plaintiff/petitioner to pay ad-valorem court fees for relief of mandatory injunction, separate from the relief of declaration. The trial court found mandatory injunction not to be a consequential relief to the declaration, necessi...
Dispute Resolution in Charitable Society Elections – Challenge against election process of Shikshan Prasarak Mandal's executive body – Appellants’ Change Report rejected due to alleged procedural flaws – Assistant Charity Commissioner, Joint Charity Commissioner, District Judge, and High Court involved in adjudication. [Paras 1-8, 31]
Doctrine of Necessity ...
Income Tax Reassessment - Validity of Proceedings - Assessee's Failure to File Regular Balance Sheet and Profit and Loss Account for Assessment Years 1990-91, 1991-92, and 1992-93 - Discrepancy in Capital and Current Accounts - Assessee's Justification for Non-filing Based on Department's Seizure of Documents - Assessment Officer's Relying on Balance Sheet Submitted for Loan to Sou...