The VakilNetwork Blog
Expert commentary on Indian law, case analysis, and legal guides
Sale Deed Contravening Section 154 Of Abolition Act Is Voidable Not Void And Consolidation Authorities Lack Jurisdiction To Cancel Registered Instruments : Supreme Court
The appellant sought to establish ownership of land purchased through a sale deed dated 04.06.1957. Lower authorities and the High Court held the sale deed void for contravention of Section 154 of the U.P. Zamindari Abolition and Land Reforms Act. The Supreme Court reversed these findings, holding that transfers violating Section 154 are merely voidable at the instance of the Gaon Sabha and not void ab initio.
Continuous Readiness And Willingness Must Be Proven Throughout Contract Period And Not By Post-Suit Financial Documents : Supreme Court
The appellant/plaintiff filed a suit for specific performance of an agreement to sell immovable property dated 20.12.1990. The Trial Court decreed the suit in his favor, but the High Court reversed this decision. The Supreme Court dismissed the appeal, holding that the appellant failed to establish continuous readiness and willingness to perform his contractual obligations as required under Section 16(c) of the Specific Relief Act, 1963.
Section 304 Part II IPC Attracted When Death Caused With Knowledge But Without Intention : Supreme Court
Mathu alias Jagdish was convicted under Section 304/34 IPC for causing death during an altercation over a defective wrist watch. The Supreme Court has now modified his sentence from five years rigorous imprisonment to the period already undergone, while maintaining the conviction, holding that the injuries were caused by accidental fall into a dry canal and not by stone pelting as alleged.
Functional Disability Of A Skilled Carpenter Must Be Assessed At 100% When Amputation Renders Him Incapable Of Performing His Trade : Supreme Court
A carpenter whose right leg was amputated due to a road accident filed a claim petition seeking enhanced compensation from the Insurance Company. The Supreme Court held that the functional disability of a skilled carpenter must be assessed at 100% when the amputation renders him completely incapable of performing his trade, and enhanced the total compensation to Rs.35,95,923.
High Court Cannot Convert Mandatory Injunction Decree For Removal Of Encroachment Into Monetary Compensation Without Plaintiff Prayer : Supreme Court
The legal heirs of Om Parkash challenged the High Court's reversal of decrees ordering removal of illegal constructions. The Supreme Court held that the High Court erred in imposing monetary compensation without any prayer by the plaintiff and set aside the High Court's judgment.
Right To Walk On Demarcated Footpaths Is A Fundamental Right Under Article 19(1)(d) : Supreme Court
A father filed a claim for compensation after his five-year-old son was killed by a tanker while walking to school on a road lacking footpaths. The Supreme Court recognised the right to walk on demarcated footpaths as a fundamental right under Article 19(1)(d) and increased compensation to Rs. 11,44,628.
Commissioner Is Competent Disciplinary Authority For Municipal Officers Under Amended Section 59(d) : Supreme Court
An Executive Engineer dismissed by the Commissioner challenged the dismissal before CAT and High Court, claiming only the Corporation could dismiss a Group A officer. The Supreme Court upheld the dismissal, ruling that under the 1993 amendment, the Commissioner is the competent disciplinary authority for all municipal employees, and the phrase in Section 59(d) referring to regulations that may be made applies prospectively to future regulations, not existing ones.
Nomination Rejection Challenges Must Be Filed As Election Petitions After Completion Of Poll : Supreme Court
Meenakshi Natarajan challenged the Returning Officer's rejection of her Rajya Sabha nomination, claiming non-disclosure of a criminal case in her Form-26 affidavit was not a violation under Section 33A. The Supreme Court dismissed her Article 32 petition, holding that Article 329(b) bars all pre-election judicial interference and candidates must await election completion to challenge nomination rejections via election petition.
Special Police Establishment Is Not An Intelligence And Security Organisation Exempt From RTI Act : Supreme Court
Kamta Prasad Mishra, a Town Inspector accused under the Prevention of Corruption Act, sought information about the sanction granted for his prosecution through an RTI application. When the Special Police Establishment refused the information citing a State Government Notification exempting it from the RTI Act, the Supreme Court held that the SPE does not qualify as an intelligence and security organisation and struck down the Notification as ultra vires Section 24(4) of the RTI Act.
Retrospective Renewal Of Workshop Approval Does Not Defeat Candidate Eligibility When Approval Subsequently Granted : Supreme Court
Candidates selected for Motor Vehicle Inspector posts challenged the Madras High Court's direction for fresh recruitment after workshop approval renewals were disputed. The Supreme Court held that once retrospective renewal is granted and workshop experience verified, candidates not at fault must be included in the selection process.
Rule 23(1) Of Compassionate Assistance Rules Applies Only To Financial Assistance And Not To Appointment : Supreme Court
Atul Chauhan sought compassionate appointment after his father, a government teacher in Haryana, died in a road accident. The State rejected his claim citing pending criminal proceedings against his mother for his father's murder. The Supreme Court held that Rule 23(1) of the Haryana Compassionate Assistance Rules applies only to financial assistance and not to compassionate appointment, directing the State to consider his claim on merits.
Plaintiff Not Bound To Assert Ownership Rights In Earlier Proceedings When Ownership Was Undisputed And Unchallenged : Supreme Court
The appellant Makardhwaj Ram filed a suit for declaration of title and possession of property that belonged to him since 1960. The High Court dismissed his suit holding it was barred by constructive res judicata as he should have raised his ownership claim in earlier proceedings challenging sale deeds. The Supreme Court reversed this, holding that there was no occasion for the plaintiff to assert ownership rights that were never disputed.