Latest Post

Rights of Persons with Disabilities Act, 2016 — Prisoners with Disabilities — This case concerns the rights and conditions of prisoners with disabilities, focusing on the effective implementation of the Rights of Persons with Disabilities Act, 2016, and constitutional guarantees of dignity, equality, and non-discrimination within prison systems. Succession Act, 1925 — Section 263 — Revocation of probate — Just cause — Fraudulent grant by concealing material facts or false suggestions — Failure to cite necessary parties — Grant of probate is a judgment in rem and binds the world — Persons with even a slight interest, including subsequent transferees from heirs, are entitled to citation before probate is granted — Failure to implead appellants and legal heirs of deceased sons, and to issue citations, constitutes just cause for revocation. Civil Procedure Code, 1908 (CPC) — Section 13 — Conclusiveness of foreign judgment — Enforceability in India — Summary judgment granted by foreign court without full trial despite existence of triable issues and crucial documentary evidence like Balance Sheets and Board Minutes, particularly when the respondent was denied leave to defend — Such procedure prevents a fair adjudication and is not rendered “on the merits” as required by Section 13(b) — Foreign judgment is therefore not enforceable in India. Civil Procedure Code, 1908 (CPC) — Order 7 Rule 11 — Rejection of Plaint — Cause of Action — Valuation and Court Fees — The Supreme Court reiterated that Order 7 Rule 11 allows rejection of a plaint if it does not disclose a cause of action, is undervalued, insufficiently stamped, or barred by law — It clarified that a plaint should not be rejected at the threshold if it contains averments that, taken at face value, set out a dispute requiring adjudication — The Court emphasized that assessing the sufficiency of evidence or the probability of success is impermissible at this stage and constitutes a premature mini-trial. Motor Vehicles Act, 1988 — Section 168 — Just Compensation — Award of compensation for prosthetic limb — No fixed guidelines for compensation amount — Courts can deviate from governmental notifications if they are too low — Emphasis on “restitutio in integrum” principle to restore the claimant as close as possible to their pre-injury state — Claimants are entitled to choose private centres for prosthetic limbs and renewal costs should be considered — Compensation can be awarded for periodic replacement and maintenance of prosthetic limbs.

Right of defendant to prosecute the plaintiff owing to the dishonour of the cheque issued by the plaintiff cannot be frustrated by seeking a declaration that the said cheque was handed over as a security – Such a declaration cannot be ex facie granted as it would be contrary to the provisions of the N.I. Act and particularly Section 118(a) thereof – Hence, the plaint is liable to be rejected in exercise of jurisdiction under Order VII Rule 11 CPC.

SUPREME COURT OF INDIA DIVISION BENCH M/S FROST INTERNATIONAL LIMITED — Appellant Vs. M/S MILAN DEVELOPERS AND BUILDERS (P) LIMITED AND ANOTHER @ RESPONDENT ( Before : M.R. Shah and…

Public Premises (Eviction of Unauthorised Occupants) Act, 1971 – Section 9 – Eviction – Section 3(1) of the Nationalisation Act, declares that on the appointed day, which was 01.05.1973, the right, title and interest of the owners in relation to the coal­mines specified in the Schedule shall stand transferred to and shall vest absolutely in the Central government free from all encumbrances – As could be seen from clause (xi) of Section 2(h), even the lands and buildings used solely for the location of the management, sale or liaison offices or for the residence of officers and staff were also included in the definition of the word “mine”

SUPREME COURT OF INDIA DIVISION BENCH M/S BHARAT COKING COAL LIMITED — Appellant Vs. MAHENDRA PAL BHATIA AND OTHERS — Respondent ( Before : Hemant Gupta and V. Ramasubramanian, JJ.…

Power of Attorney – Section 49 of the Registration Act can amplify or magnify the clauses contained in the deed of Power of Attorney – Document should expressly authorize the agent, (i) to execute a sale deed; (ii) to present it for registration; and (iii) to admit execution before the Registering Authority.

SUPREME COURT OF INDIA DIVISION BENCH MRS. UMADEVI NAMBIAR — Appellant Vs. THAMARASSERI ROMAN CATHOLIC DIOCESE REP BY ITS PROCURATOR DEVSSIA’S SON REV. FATHER JOSEPH KAPPIL — Respondent ( Before…

Karnataka Land Reforms Act, 1961 – Sections 45 and 137 – Karnataka Land Reforms Rules, 1974 – Rule 19 – Occupancy rights – Duty of the Tahsildar to verify the Revenue Records and other documents and incorporate/record the name of the owner of the land – Karnataka Land Reforms Act, 1961 is a beneficent legislation for granting occupancy rights to cultivating tenants of agricultural lands

SUPREME COURT OF INDIA DIVISION BENCH NADAKERAPPA SINCE DECEASED BY LRS. AND OTHERS — Appellant Vs. PILLAMMA SINCE DECEASED BY LRS. AND OTHERS — Respondent ( Before : S. Abdul…

Maharashtra Municipal Corporations Act, 1949 – Commissioner of the Municipal Corporation will have the power to suspend or initiate departmental proceedings against an Additional Municipal Commissioner (AMC), who is an officer, superior in rank to the Assistant Commissioner

SUPREME COURT OF INDIA DIVISION BENCH KALYAN DOMBIVALI MUNICIPAL CORPORATION — Appellant Vs. SANJAY GAJANAN GHARAT AND ANOTHER — Respondent ( Before : L. Nageswara Rao and B.R. Gavai, JJ.…

Service Matters

HELD The State has made conscious decision to delink the retirees from the service conditions guiding the serving staffs of the concerned institutions and placed them in the retirement rules meant for those in the Manipur State Service. In such a situation, we do not think the anomaly pointed out in the judgment under appeal

SUPREME COURT OF INDIA DIVISION BENCH DR. Y. IBEHAIBI DEVI (D) BY LRS. AND OTHERS — Appellant Vs. THE STATE OF MANIPUR REPRESENTED BY THE COMMISSIONER (HIGHER AND TECHNICAL EDUCATION)…

Suffice it to state that the amount of Rs.4 Crores has been deposited with the concerned authorities and the appellant has been enjoying the facility of ad-interim bail – Direct that the appellant shall continue to be on bail on the same conditions on which he was allowed the facility of ad-interim bail – Security and documents of surety furnished at that stage shall continue to be operative as conditions of bail.

SUPREME COURT OF INDIA FULL BENCH MOHIT BATHLA — Appellant Vs. CENTRAL GOODS AND SERVICE TAX, DIVISION PANIPAT, CGST COMMISSIONERATE, PANCHKULA — Respondent ( Before : Uday Umesh Lalit, S.…

Evidence Act, 1872 – Section 68 – Genuineness of execution of Will – In the matter of appreciating the genuineness of execution of a Will, there is no place for the Court to see whether the distribution made by the testator was fair and equitable to all of his children – The Court does not apply Article 14 to dispositions under a Will.

SUPREME COURT OF INDIA DIVISION BENCH SWARNALATHA AND OTHERS @APPELANT Vs. KALAVATHY AND OTHERS — Respondent ( Before : Hemant Gupta and V. Ramasubramanian, JJ. ) Civil Appeal No. 1565…

You missed