town planning scheme

Bombay High Court Reverses Lower Court Orders, Upholds Statutory Vesting of Land with Municipal Corporation under Town Planning Scheme, Rejects Title Claim by Legal Heirs for Lapsed Reservation, Grants Only Compensation with Interest Due to Unclaimed Payment Since 1928

Court’s Decision The Bombay High Court allowed the appeal filed by the Municipal Corporation, reversing concurrent findings of the lower courts that had granted ownership and possession of the suit…
father daughter

Bombay High Court Upholds Daughters’ Right to Insurance Policy Maturity Amount, Rules Beneficial Nominee Has Statutory Ownership Under Section 39(7) of Insurance Act, Overriding Succession Law Where Policies Are Self-Acquired, Denies Widow’s Interim Claim Due To Absence of Title and Disputed Will

Court’s Decision The Bombay High Court dismissed the writ petitions challenging the trial court’s orders that denied withdrawal of insurance policy maturity amounts by Class I legal heirs on the…
supreme court

Supreme Court Expunges Strictures Against Rajasthan Judicial Officer, Holds High Courts Cannot Condemn Judicial Officers Unheard, Reiterates “Criticism Should Target Orders, Not Judges”, Allows Appeal Where Bail Order was Criticized Without Notice and Relied on Overruled Precedent

Court’s Decision The Supreme Court allowed the appeal filed by a judicial officer of the Rajasthan District Judiciary and expunged strictures passed against him by the Rajasthan High Court. The…
arbitrator

Supreme Court Denies Appointment of Arbitrator, Holds Clause with “May be Sought Through Arbitration” Not a Binding Arbitration Agreement, Emphasises Prima Facie Scrutiny of Arbitration Clauses to Weed Out Non-Existent Agreements, Clarifies Parties Cannot Unilaterally Invoke Arbitration Without Clear Contractual Consensus

Court’s Decision The Supreme Court dismissed the appeal challenging the High Court’s refusal to appoint an arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996. The Court held…
supreme court

Supreme Court Quashes Criminal Proceedings for Cheating Allegations Between Seller and Builder’s Agent, Holding Civil Land Disputes Cannot Be Criminalised, Orders ₹10 Lakh Cost on Complainant for Misusing Criminal Law, Protects Aged Widow and Daughter from Harassment in Property Deal Gone Sour

Court’s Decision The Supreme Court allowed the appeal filed by two women, a seventy-year-old widow of a retired Army officer and her daughter, quashing the First Information Report and criminal…
bribe

Kerala High Court Partially Allows Appeal by Reducing Sentence While Upholding Conviction of Public Servant Under Corruption Law After Accepting Bribe, Citing Sufficient Proof of Demand and Acceptance Despite Absence of Direct Evidence, Distinguishes Criminal Misconduct From Civil Dispute, Declines Acquittal Request

Court’s Decision The Kerala High Court partly allowed the criminal appeal by modifying the sentence but upheld the conviction of the appellant, a public servant, under Sections 7 and 13(1)(d)…
karta

Bombay High Court Dismisses Appeal by Subsequent Purchaser Against Declaration of Sale Deed as Non-Binding, Upholds Protection of Coparcenary Rights in Joint Hindu Family Property Sold by Karta Without Legal Necessity, Citing Validity of Ancestral Ownership Rights Over Alleged Bona Fide Purchases

Court’s Decision The Bombay High Court dismissed the second appeal filed by the appellant-purchaser and upheld the concurrent findings of the lower courts, declaring the sale deed executed by the…