Civil Law - Procedure – Order XVIII Rule 1 CPC – Right to Begin – Plaintiff Entitled to Lead Evidence – Deviation Not Justified – The appellant challenged the direction of the learned Single Judge requiring him (defendant) to lead evidence first in a partition suit – The High Court held that as per Order XVIII Rule 1 CPC, it is the plaintiff who has the right to...
Eviction Suit – Failure to Comply with Standard Rent Fixation – Eviction Decree Restored – The tenant having consented to the fixation of standard rent at ₹50 per month in 1976, defaulted from 01.06.1982 onwards – No application for fixation of rent was filed under Explanation I to Section 12 of the Bombay Rent Act – The tenant's afterthought denial was rejected...
Civil Law – Eviction - Public Premises – Allotment Without Auction – Long-Standing Possession Not a Ground for Extension – The appellant challenged the Single Judge’s order denying extension of fair price shop allotment without auction – Held: Appellant’s initial allotment was made without auction in 1997 and extensions were granted irregularly – Gov...
Eviction Petition – NRI Landlord’s Right – Section 13-B of the 1949 Act – Eviction Upheld – An eviction petition was filed by an NRI landlord invoking Section 13-B for possession of premises required for personal use – The tenant sought condonation of delay in filing leave to defend, claiming lack of notice – Held: The NRI landlord had a statutory right un...
Civil Writ – Property Law - Urban Land Ceiling – Proceedings Abated – De Facto Possession Not Taken – State Failed to Prove Physical Possession - State failed to establish that actual possession was taken prior to repeal of the Urban Land Ceiling Act – No documentary proof of possession, panchnama, or memorandum of possession produced – Petitioners continued in ...
Labour Law – Delay in Raising Industrial Dispute – Void Orders Must Be Challenged Within Limitation – Labour Court Award Set Aside – Punishment orders passed in 1996, 1999, and 2000 were set aside by Labour Court on reference raised by Union in 2006 – Held: As per State of Punjab v. Gurdev Singh, even void orders must be challenged within prescribed limitati...
Civil Law – Eviction - Introduction of Additional Document – Registered Sale Deed Admitted on Date of Judgment – Order VII Rule 14(3) CPC – The appellant challenged the Trial Court’s decision to admit a certified copy of the registered sale deed (Exhibit-6) on the date of judgment, arguing that it violated procedural requirements under Order VII Rule 14 and Order XIII...
Eviction under Rent Control Act – Bona fide Need – Alternative Accommodation – Tenant’s Contention Rejected – The landlord sought eviction under Section 11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965, claiming a bona fide requirement to start a hardware business – The tenant contended that the landlord possessed other vacant premises suitable f...
Land Law – Mutation – Limitation for Appeal – Delay of 39 Years – Rejection Upheld – Petitioner challenged Mutation No. 644, attested in 1984, before the Additional Deputy Commissioner (Agrarian Reforms), claiming lack of knowledge – Appeal filed in 2023 with a delay of 39 years and 1 month – Appellate authority dismissed the appeal for want of sufficient ...
Property Law – Validity of Court Auction vs. Later Will – Court Auction Prevails – Title Vested with Auction Purchaser – Supreme Court affirmed that property purchased by late Padmini Chandrasekaran via court auction in 1962 and registered sale deed in 1963 vested her with absolute title – Later will dated 30.05.1962 executed by original owner (Somasundaram) in favour...