(1)
M/S AJAY PROTECH PVT. LTD....Appellant(s) Vs.
GENERAL MANAGER & ANR....Respondent(s) D.D
22/11/2024
Arbitral Mandate – Application Filed Post Expiry – Section 29A(4) of the Arbitration and Conciliation Act, 1996 – Appeal Allowed - The appellant filed an application under Section 29A(4) for extending the mandate of the Arbitral Tribunal after its expiry. The High Court dismissed the application, citing delay and the absence of a pending extension request before the expiry. Held:...
(2)
RAMACHANDRAN & ORS....Appellant(s) Vs.
VIJAYAN & ORS....Respondent(s) D.D
21/11/2024
Property Law - Marumakkathayam Law – Partition and Property Nature – Tharwad or Individual Ownership – Appeal Dismissed – The appellants contended that properties partitioned under Marumakkathayam law ceased to be joint tharwad property and became individually owned. Held: The properties inherited by a thavazhi remain tharwad property, jointly held by its members. The Court...
(3)
R. KANDASAMY (SINCE DEAD) & ORS. ...Appellants Vs.
T.R.K. SARAWATHY & ANR. ...Respondents D.D
21/11/2024
Civil Law - Specific Performance – Time as Essence – Enforceability of Agreement – Buyers’ Conduct – Agreement Unenforceable - The agreement for sale specified that time was of the essence, yet allowed extensions implicitly through conduct – Buyers argued four-month performance period began only upon tenant vacating the property, which was contested – Cour...
(4)
Kallakuri Pattabhiramaswamy (Dead) Through LRs ...Appellants Vs.
Kallakuri Kamaraju & Others ...Respondents D.D
21/11/2024
Hindu Succession Act – Sections 14(1) and 14(2) – Scope and Application – Property given to a Hindu widow in lieu of maintenance can become her absolute property under Section 14(1) unless a restrictive estate is explicitly prescribed under Section 14(2) – Held: Absolute rights were granted to Smt. Veerabhadramma for 2.09 acres of land, while a life interest was created in ...
(5)
Shambhu Chauhan ...Appellant Vs.
Ram Kirpal Alias Chirkut & Others ...Respondents D.D
21/11/2024
Civil Law - U.P. Consolidation of Holdings Act – Claim of Co-Tenancy – Disputed Land – Appellant challenged the High Court’s decision restoring the order of the Consolidation Officer, which dismissed the claim of Smt. Gulabi to co-tenancy over the disputed land – High Court found the Appellate and Revisional Authorities acted perversely, reversing findings supported b...
(6)
Manjit Singh & Another ...Appellants Vs.
Darshana Devi & Others ...Respondents D.D
21/11/2024
Specific Performance – Subsequent Purchaser – Section 19(b) of the Specific Relief Act – The plaintiff sought specific performance of an oral agreement of sale for property subsequently sold to appellants – High Court held that appellants were not bona fide purchasers as they failed to inquire into the rights of the plaintiff, who was in possession – Supreme Court aff...
(7)
Rajneesh Kumar & Anr....Petitioners Vs.
Ved Prakash...Respondent D.D
21/11/2024
Limitation Law - Condonation of Delay – Litigant's Responsibility – Section 5 of the Limitation Act, 1963 – Condonation Denied - The Court emphasized the litigant’s duty to vigilantly monitor proceedings initiated by them. The excuse of advocate negligence was deemed insufficient to justify a delay of 534 days – Held: The delay cannot be condoned solely on allegat...
(8)
Hetram @ Babli ...Appellant Vs.
State of Rajasthan & Anr. ...Respondents D.D
20/11/2024
Invocation of Section 319 CrPC – Evidentiary Threshold – Test for Prima Facie Case – Power under Section 319 CrPC must be exercised only when evidence meets the standard of more than prima facie that would lead to conviction if unchallenged – Allegations in examination-in-chief, contradicted during cross-examination, do not satisfy this threshold – Held: High Court er...
(9)
Sunny @ Santosh Dharmu Bhosale...Appellant Vs.
The State of Maharashtra...Respondent D.D
20/11/2024
Criminal Law – Conviction for Murder – Section 302 IPC – Altered to Section 304 Part I IPC – Appellant convicted of murder for assaulting the deceased with a bamboo stick – Supreme Court found no evidence of premeditation or motive to commit murder – Assault occurred in a sudden quarrel during a heated moment – Conviction altered to culpable homicide not a...