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Supreme Court

Supreme Court Allows Appeals in Specific Performance Case — Agreement to Sell Void Under Section 61 of Karnataka Land Reforms Act, 1961. Agreement executed during non-alienation period is void ab initio and not enforceable even after the restriction period ends.

26 Sep 2019

The Supreme Court allowed the appeals filed by the defendants (appellants) against the judgment of the Karnataka High Court which had upheld the decre...

Supreme Court

Supreme Court Allows Appeal of Mother in Dowry Death Case — Restores Summoning of Husband Under Section 319 CrPC. High Court Erred in Reappreciating Evidence at Summoning Stage; Prima Facie Case Exists Based on Circumstantial Evidence Including Sole Presence of Husband, Hasty Burial, and Injuries on Deceased.

20 Sep 2019

The appeal arises from a judgment of the Allahabad High Court which set aside an order of the trial court summoning the second respondent (husband of ...

Supreme Court

Supreme Court Disposes of Appeal by Indian Oil Corporation Against Termination of Dealership Set Aside for Natural Justice Violation, Directs Refund of Security Deposit as Dealer No Longer Interested in Continuing Dealership. The Court held that where natural justice is violated, the appropriate course is remand for fresh opportunity, but given the dealer's consent to end the relationship, refund of security deposit was ordered.

19 Sep 2019

The Supreme Court disposed of an appeal by Indian Oil Corporation Ltd. against a High Court judgment that had set aside the termination of a dealershi...

Supreme Court

Supreme Court Dismisses Husband's Appeal Against Maintenance to Divorced Wife — Holds That Divorced Wife Is Entitled to Maintenance Under Section 125 Cr.P.C. Even If Divorce Was Granted on Ground of Desertion. The Court Ruled That Sub-section (4) of Section 125 Cr.P.C. Does Not Apply to Divorced Women and That Delay in Filing Maintenance Petition Is Not a Bar.

19 Sep 2019

The Supreme Court dismissed the appeals filed by Dr. Swapan Kumar Banerjee against the State of West Bengal and another, challenging the maintenance a...

Supreme Court

Supreme Court Dismisses Husband's Appeal Against Maintenance to Divorced Wife — Holds That Divorced Wife Is Entitled to Maintenance Under Section 125 Cr.P.C. Even If Divorce Was on Ground of Desertion. Sub-section (4) of Section 125 Cr.P.C. Does Not Apply to Divorced Women as There Is No Obligation to Live with Ex-Husband After Divorce.

19 Sep 2019

The Supreme Court dismissed the appeals filed by Dr. Swapan Kumar Banerjee against the State of West Bengal and another, challenging the maintenance a...

Supreme Court

Supreme Court Allows Appeal in Tenancy Exemption Case — Trust Registration After Tillers' Day Does Not Bar Exemption Under Section 88B of Bombay Tenancy Act. The Court held that the exemption under Section 88B of the Bombay Tenancy and Agricultural Lands Act, 1948 applies to land belonging to an institution of public religious worship, regardless of when the trust was formally registered, and the tenants did not become deemed purchasers on Tillers' Day.

18 Sep 2019

The appeal arose from a judgment of the Bombay High Court that quashed an exemption certificate issued under Section 88B of the Bombay Tenancy and Agr...

Supreme Court

Supreme Court Allows IFCI's Appeal Against Retirees' Claim for Enhanced Pension Under VRS-2008. Voluntary Retirement Scheme's Full and Final Settlement Clause Bars Subsequent Claims for Pay Revision Benefits.

17 Sep 2019

The dispute pertains to thirty-one employees of IFCI who voluntarily retired under the Voluntary Retirement Scheme of 2008 (VRS-2008) on 1 February 20...

Supreme Court

Supreme Court Allows Appeals in Land Exchange Dispute Under U.P. Zamindari Abolition and Land Reforms Act, 1950 — Exchange Deed Without Permission Void, But Voidable Only at Instance of Gaon Sabha or Land Holder

17 Sep 2019

The appeals arise from a judgment of the Allahabad High Court dated 5th July 2007 concerning a dispute over land rights under the Uttar Pradesh Zamind...

Supreme Court

Supreme Court Dismisses Appeal in Land Exchange Dispute Under U.P. Zamindari Abolition and Land Reforms Act, 1950 — Exchange Deed Without Permission Held Voidable, Not Void, and Not Challengeable by Original Sellers. Original tenure holders who sold land cannot challenge subsequent exchange; limitation period for ejectment under Section 167 is six years.

17 Sep 2019

The case involves a dispute over plot no. 2902 in Village Mathura Bangar, District Mathura, U.P. Smt. Chando and Sita Ram (original tenure holders) so...

Supreme Court

Supreme Court Allows Appeal of Legal Heir in Succession Dispute, Holds Portuguese Civil Code Governs Immovable Property of Goan Domicile Outside Goa. The Court ruled that the property in Bombay must be included in inventory proceedings under the Portuguese Civil Code, overriding the Indian Succession Act.

13 Sep 2019

The Supreme Court considered an appeal concerning the succession to the immovable property of a Goan domicile, Joaquim Mariano Pereira (JMP), who died...

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