WAKF- in order to establish a claim of hereditary succession to mutawalliship, the intention of the waqif, as manifested either through the directions given in the waqf deed or the creation of a custom, is of paramount importance
Leeladhar (D) through LRS. Vs. Vijay Kumar (D) through LRS-26/09/2019
Specific performance of the contract-The agreement was an agreement to sell and after entering into the agreement to sell, Appellant received the full sale consideration and handed over the possession to Respondent, the question of exercising any discretionary favour to the appellant does not arise.
Central Bureau of Investigation etc. Vs. Mrs. Pramila Virendra Kumar Agarwal & ANR. etc 25/09/2019
PREVENTION OF CORRUPTION-The absence of sanction no doubt can be agitated at the threshold but the invalidity of the sanction is to be raised during the trial. In the instant facts, admittedly there is a sanction though the accused seek to pick holes in the manner the sanction has been granted and to claim that the same is defective which is a matter to be considered in the trial.
Jignesh Shah & ANR. Vs. Union of India & ANR-25/09/2019
A winding up proceeding is a proceeding ‘in rem’ and not a recovery proceeding
Govindbhai Chhotabhai Patel & Ors. Vs. Patel Ramanbhai Mathurbhai-23/09/2019
In the absence of any evidence of any forgery or fabrication and in the absence of specific denial of the execution of the gift deed, the Donee was under no obligation to examine one of the attesting witnesses of the gift deed.
M/s. Canara Nidhi Ltd. Vs. M. Shashikala and Others-23/09/2019
Issues need not be struck at the stage of hearing a Section 34 application, which is a summary procedure
D. Sasi Kumar Vs. Soundararajan-23/09/2019
If as on the date of filing the petition the requirement subsists and it is proved, the same would be sufficient irrespective of the time-lapse in the judicial process coming to an end.
Vasant Ganpat Padave (D) by LRS. & Ors. Vs. Anant Mahadev Sawant (D) through LRS. & Ors-18/09/2019
Statutory Interpretation: Where the plain literal interpretation of a statutory provision produces a manifestly unjust result which could never have been intended by the Legislature, the Court might modify the language used […]
Karuppanna Gounder Vs. State represented by the Inspector of Police – 17/09/2019
Accused acquitted : The question is whether the death of the deceased could be attributed to the injury caused by the appellant A1. The appellant is alleged to have used the Sammatti […]
Ritu Saxena Vs. J.S. Grover & ANR-17/09/2019
Any self-serving statements without any proof of financial resources cannot be relied upon to return a finding that the appellant was ready and willing to perform her part of the contract. Non-production […]
State of Odisha & Another Vs. Anup Kumar Senapati & Another-16/09/2019
It is a settled legal proposition that Article 14 of the Constitution is not meant to perpetuate illegality or fraud, even by extending the wrong decisions made in other cases. The said provision does not envisage negative equality but has only a positive aspect.
Jose Paulo Coutinho Vs. Maria Luiza Valentina Pereira & ANR- 13/09/2019
Portuguese Civil Code, 1867 as applicable in the State of Goa, which shall govern the rights of succession and inheritance even in respect of properties of a Goan domicile situated outside Goa, anywhere in India
K. Arjun Das Vs. Commissioner of Endowments, Orissa & Ors-17/9/2019
The deity cannot be divested of any title or rights of immovable property in violation of the statutory provisions and this fact cannot be ruled out that the property belonging to the deity must fetch the best possible price..
Ganpati Babji Alamwar (D) by LRS. Ramlu and Others Vs. Digambarrao Venkatrao Bhadke and Others- 12/09/2019
Mortgage by conditional sale-There must exist a debtor and creditor relationship. The valuation of the property, and the transaction value, along with the duration of time for reconveyance, are important considerations to decide the nature of the agreement.
Bajarang Shyamsunder Agarwal Vs. Central Bank of India & ANR-11/09/2019
Section 13 (13) SARFAESI Act-
