Civil Cases Shree Jagannatha Temple – Development works – Construction is being carried out for the purpose of providing basic and essential amenities like toilets for men and women, cloak rooms, electricity rooms etc. – These are the basic facilities which are necessary for the convenience of the devotees at large June 19, 2022 sclaw
Civil Cases Repayment of Borrowed Amount – A party who admits receipt of certain amount of money on a particular date and pleads discharge by way of a full and final settlement at a latter date, is the one on whom the onus lies -In a suit for recovery of money, a defendant admitting the receipt of money but pleading that the same was a gratuitous payment, is obliged to prove that it was a gratuitous payment – Respondents miserably failed to discharge the onus of proof so cast upon them. Hence, the plaintiff-appellant is entitled to a decree December 19, 2021 sclaw
Civil Cases Respondents have taken up wholly untenable ground that the documents were signed under duress – Large number of documents such as invoices, debit notes and ST-1 Form spread over 3 months is unbelievable to be an exercise of duress – Stand of the respondents is wholly untenable and unjustifiable in law and is only to defeat the legitimate claim raised by the appellant – Appeal allowed. December 19, 2021 sclaw
Civil Cases HELD – Section 17(2)(vi) of the Registration Act, 1908. – Principle is based on the fact that family settlement only declares the rights which are already possessed by the parties – A compromise decree in respect of land which is not the subject-matter of suit but is part of the settlement between the family members does not requires compulsory registration in terms of July 18, 2021 sclaw
Civil Cases “….no compulsion for the plaintiff to, at the stage of filing the suit, prove or establish the claim that the suit lands were revenue paying and the details of such revenue paid. Once it is conceded that the value of the land [per explanation to Section 7 (iv-A)] is to be determined according to either sub clauses (v), (va) or (vb) of the Act, this meant that the concept of “market value” – a wider concept in other contexts, was deemed to be referrable to one or other modes of determining the value under sub clauses (v), (va) or (vb) of Section 7 (iv-A)…” February 20, 2020 sclaw
Civil Cases Society Matters – we are of the view that the only way to bring to an end all the litigations between the parties before various fora is to set aside the impugned order and the elections held pursuant thereto and to appoint an Advocate Commissioner to convene the General Body as well as the Executive Committee for the election of office bearers. October 4, 2019October 4, 2019 sclaw
Civil Cases Benami Transactions—Financial Assistance—Merely because some financial assistance has been given by the father to the sons to purchase the properties, the transactions cannot be said to benami in nature. Benami Transactions—Intention of the person who contributed the purchase money is determinative of the nature of transaction–Source of money had never been the sole consideration—It is merely one of the relevant considerations but not determinative in character May 12, 2019 sclaw
Civil Cases Motor Vehicles—No vehicle can be altered so as to change original specification made by manufacturer. March 27, 2019 sclaw
Civil Cases Constitution Wakf-Jurisdiction of Wakf Tribunal-Bar of Jurisdiction of Civil Court-Right, title and interest of a non-Muslim to the Wakf property is to be adjudicated by Wakf Tribunal where dispute pleaded is that suit property is not Wakf property. March 3, 2019February 21, 2020 sclaw
Civil Cases Partnership–Dissolution of–When there are only two partners constituting the partnership firm, on the death of one of them, the firm is deemed to be dissolved despite the existence of a clause which says otherwise November 28, 2018 sclaw
