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242 judgments · newest first · showing 201–242
The dispute concerned the grant of letters of administration for seven properties bequeathed in a Will dated 8 May 1967. The testator had acquired full title to items 4‑7 through a sale deed executed on 2 May 1967 and registered on 8 May 1967, before his death on 20 July 1971. The High Court limited …
United Bank of India (the appellant) issued notices under Sections 13(2) and 13(4) of the SARFAESI Act and obtained an order under Section 14 against guarantor Satyawati Tondon, without first taking action against the borrower, Pawan Color Lab. The guarantor filed a writ petition under Article 226 …
The Supreme Court examined an appeal filed by tenants challenging a Bombay High Court order that dismissed their writ petition under Article 226. The petition sought a writ of certiorari against the landlord’s eviction suit, a pure civil dispute between private parties. The Court held that writ …
The petitioners, the husband and son of a 39‑year‑old housewife who died in a road accident, claimed compensation under Section 166 of the Motor Vehicles Act, 1988. The Motor Accident Claims Tribunal initially awarded Rs 6 lakhs based on the notional income provision of Clause 6 of the Second …
Miss Pritilata Nanda, a physically handicapped candidate, applied for a Class III post in South Eastern Railway, cleared the written and viva tests and was placed 11th in the merit list. Despite her selection, the railway refused to appoint her because her name had not been sponsored by an …
The testator’s 1951 Will gave life interest in two houses to her sisters and, after their deaths, vested absolute title in the male heirs, subject to a clause that any sale must be to the other male heirs at market price and not to strangers. After a partition, Rukmani Ammal and her son sold one …
Shyamal Kumar Lodh, an employee of Vijaya Bank, filed an application before the Labour Court at Dibrugarh for suspension/subsistence allowance under Section 33C(2) of the Industrial Disputes Act, 1947. The bank contended that the Court, constituted by the State Government, lacked jurisdiction …
The appellant Shivjee Singh filed a protest petition that was converted into a complaint alleging that four persons killed his son. The Judicial Magistrate, after examining the appellant and only two of the four witnesses he named, took cognizance of offences under Sections 302, 1208 IPC and Section …
Eight persons, including the appellant Singapagu Anjaiah, were tried for rioting, attempt to commit murder, murder and causing hurt. The appellant allegedly struck the deceased, S. Ramalingam, on the head with a crow bar, causing multiple skull fractures and death, as corroborated by five …
Lt. Col. Ajay Wahi, an officer of the Army Medical Corps, sought premature retirement on medical grounds and was granted voluntary retirement. He claimed a disability pension, which was denied under Regulation 50 of the Army Pension Regulations that bars any disability pension for officers who …
Indu Bhushan Dwivedi, a Sub‑Divisional Judicial Magistrate, was dismissed from service after a departmental inquiry found two of three charges proved: leaving headquarters without permission and using derogatory language. The High Court’s dismissal recommendation relied on adverse remarks in his …
Megh Raj Garg, a Sub‑Judge‑cum‑Judicial Magistrate who joined the Punjab government service in March 1973, discovered a discrepancy in his date of birth and, after ten years, obtained a university order changing his matriculation certificate from 27‑03‑1936 to 27‑03‑1938. He then sought a …
Ranveer Yadav, a witness in a criminal trial, along with five others disrupted court proceedings, forcing the judge to leave the courtroom. The High Court, acting under Section 15(2) of the Contempt of Courts Act, 1971, held Yadav to be the main culprit and convicted him of criminal contempt under …
The landlord filed a suit for possession and mesne profits against the tenant, alleging that the lease had expired and a termination notice had been served. The tenant denied that the tenancy had been terminated and contested the landlord's claim of admission. The landlord sought a judgment on …
The Secretary of the Cannanore District Muslim Educational Association, a minority institution, sought permission to run a Higher Secondary school after the Kerala government abolished pre‑degree courses and allowed colleges with high schools to add classes up to the 12th standard. Although the …
Satheedevi owned a 9.98‑acre rubber plantation and had executed a power of attorney in favour of her daughter, who later sold the land to her husband by a registered sale deed. Satheedevi filed a suit for cancellation of that sale deed, stating the property value as Rs 7 lakhs and paying court fees …
The appellants challenged the constitutional validity of the Uttar Pradesh Panchayat Laws (Amendment) Act, 2007, which altered the procedure for a no‑confidence motion against the Chairperson of a Panchayat by reducing the block period to one year and changing the required majority from two‑thirds …
The appellant, a 50‑year‑old mason, was injured in a road accident and awarded Rs 1,55,000 compensation by the Motor Accident Claims Tribunal under s.166 of the Motor Vehicles Act, 1988. The High Court enhanced the award by only Rs 34,000, noting that the Tribunal’s compensation for loss of …
The father executed a registered Will in 1972 bequeathing property to two sons and two daughters, omitting his eldest son (appellant). After the father's death in 1980, the appellant claimed that the earlier Will had been revoked by two subsequent unregistered Wills dated 25 April 1980 and 2 May …
The Chhattisgarh State Electricity Board (CSEB) appealed an order of the Appellate Tribunal for Electricity dated 17 May 2007, filing the appeal on 24 December 2007 and seeking condonation of a 160‑day delay. The Court was asked to decide (i) whether Section 5 of the Limitation Act, 1963 could be …
Raj Kumar Shivhare was penalised under the Foreign Exchange Management Act, 1999 (FEMA) for receiving unauthorized foreign payments and was ordered to deposit a penalty of Rs.2 crore. He appealed the Appellate Tribunal's order refusing dispensation of the pre‑deposit of penalty, but the Tribunal …
The Lal Chand Public Charitable Trust leased property to the South Delhi Club and later terminated the lease for non‑payment of rent. The Trust sued for possession; the Club contested the Trust’s title and sought relief under Section 114 of the Transfer of Property Act, while also admitting …
Oswal Fats and Oils Ltd, a company, applied for permission under the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 to purchase more than the permitted 12.5 acres but bought 40.45 acres without approval. The Collector ordered that only 12.5 acres could be retained and the excess 27.95 …
The husband and wife obtained a mutual‑consent divorce under Section 13‑B of the Hindu Marriage Act, agreeing that the mother would retain custody of their son and the father would have fortnightly visitation. Both parties later filed applications under Section 26 of the Act seeking to modify the …
The appellant, P.K. Mohan Ram, sought partition of his share in a property that the original owner had earlier executed a document titled "Settlement Deed" in favour of 16 relatives. The respondents claimed the document was a will obtained by fraud and that the settlor later executed a revocation …
The appellant's wife was admitted to Nikhil Super Speciality Hospital with intermittent fever; the hospital failed to diagnose malaria and treated her for typhoid, leading to her death after being transferred to another hospital. The District Consumer Forum held the hospital negligent and awarded …
The Supreme Court examined whether the Gujarat High Court was justified in condoning a delay of more than four years in filing an appeal against a decree dated 30‑10‑2004. The respondents, Gujarat Industrial Development Corporation, claimed the delay was caused by administrative mishandling and …
The Securities and Exchange Board of India (SEBI) issued a show‑cause notice and later a restraining order under Sections 11, 11(4)(b) and 11‑B of the SEBI Act, 1992, prohibiting Ajay Agarwal from associating with any corporate body and from dealing in securities for five years, based on alleged …
The Maharashtra University of Health Sciences (MUHS) constituted a Grievance Committee under Section 53 of the Maharashtra University of Health Sciences Act, 1998 to address complaints of two unapproved lecturers (the 5th and 6th respondents) alleging sexual harassment and other mistreatment. The …
The Supreme Court examined the compensation awarded for 196 acres of land acquired for the expansion of Tamil Nadu Magnesite Limited under the Land Acquisition Act, 1894. The claimants argued that the land, although used agriculturally, was a potential house site and should be valued at Rs 1,75,000 …
The appellants bought a residential plot in an auction, paid 25% of the bid and took physical possession. Within a month they surrendered the plot, and the competent authority accepted the surrender, imposing a penalty of 2.5% of the premium under Rule 7‑A(1). After two years and six months the …
The respondent filed a criminal complaint alleging fraud in a land transaction, which was dismissed by a Judicial Magistrate under Section 203 of the CrPC. After the dismissal became final, the respondent filed a second complaint on almost identical facts, suppressing the existence of the first …
The prosecution alleged that Musheer Khan (A‑4) and Basant Shiva (A‑5) were hired killers who shot the deceased Mallu Bhaiya at close range, based largely on circumstantial evidence and the testimony of two eyewitnesses, PW‑3 and PW‑4. The trial court convicted them of murder under IPC s.302/1208 …
The suit concerned tenancy of premises in Goa, where the plaintiffs (respondents) sought declaration of tenancy and possession against the defendants, including the legal representatives (appellants) of a deceased defendant. The appellants filed an additional written statement after being impleaded, …
Harjinder Singh, a workman employed by Punjab State Warehousing Corporation, was retrenched despite seniority over junior employees. The Labour Court awarded him reinstatement with 50% back wages under Section 25G of the Industrial Disputes Act, 1947. The Punjab & Haryana High Court, exercising writ …
The appellant, Dalip Singh, sought to set aside an ex‑parte order that declared 18.22 acres of his late father Praveen Singh's land surplus under the Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960. The tenure‑holder had been served a notice in 1975 but failed to object; an ex‑parte …
Punjab Financial Corporation (PFC) had granted a term loan of Rs 24.25 lakh to M/s Surya Auto Industries, secured by mortgage of immovable property. The borrower defaulted, paying only Rs 2.70 lakh, ignored several statutory notices and refused concessions offered by PFC. PFC invoked Section 29 of …
The appellant applied for the post of Armourer on the prescribed last date of 14 April 2003, which was a gazetted holiday, but could not attach the required medical certificate because the holiday and preceding holidays prevented him from obtaining it; he submitted the certificate on 15 April. The …
The Supreme Court examined an application for restoration of a Special Leave Petition that had been dismissed for non‑prosecution. The petition was drafted by Advocate Vikas Mahajan and filed by Advocate‑on‑Record D.B. Vohra, who merely lent his name and did not take any responsibility for the case, …
The dispute arose from a subcontract for a hydroelectric project where the appellant sought payment from respondent No.1 and invoked an arbitration clause. The appellant appointed an arbitrator, while respondent No.1 appointed Huddar, who declined to act. Respondent No.1 then appointed a substitute …
The Delhi Development Authority (DOA) allotted a 60 sq.m plot to Jitender Pal Bhardwaj under the Rohini Scheme in 2005. After the allotment, Bhardwaj disclosed that he owned a flat of 62.22 sq.m in Mayur Vihar, which DOA deemed a violation of clause 1(ii) of the scheme’s eligibility conditions and …
The appellant, diagnosed with spinal tuberculosis (Pott's disease), underwent three surgeries that left him handicapped and filed a complaint before the National Consumer Disputes Redressal Commission (NCDRC) alleging medical negligence. The Commission dismissed the complaint, holding that …
