A. Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987—Section 83(2)—Withdrawal of proceedings—Withdrawal of an original application with liberty to initiate fresh proceedings under the amended statutory provisions is permissible where no vested right of the opposite party is affected and the amendment is procedural in nature—Repeal and substitution of procedural provisions do not ordinarily impair accrued rights. B. Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987—Sections 29 & 83(2)—Competency to issue notice—Where no Executive Officer is appointed and the Commissioner authorises a Founder Family member under the proviso to Section 29 to discharge the functions of an Executive Officer, such authorised person is competent t...

A. Civil Procedure Code, 1908—Section 100—Second Appeal—Substantial Question of Law—The existence of a substantial question of law is a sine qua non for the exercise of jurisdiction by the High Court under Section 100 CPC—Concurrent findings of fact recorded by the courts below, upon proper appreciation of oral and documentary evidence, do not warrant interference unless such findings give rise to a substantial question of law. [Paras 13, 15, 22, 23] B. Specific Relief Act, 1963—Specific Performance—Oral Agreement of Sale—Burden of Proof—A plaintiff seeking specific performance on the basis of an oral agreement of sale must specifically plead and prove the existence of a valid contract and payment of consideration—In the absence of reliable oral or documentary evidence establ...

A. Civil Procedure Code, 1908—Section 100—Second Appeal—Scope of interference—It is well settled that a second appeal can be entertained only where a substantial question of law arises—Re-appreciation of facts or documentary evidence does not, by itself, give rise to a substantial question of law—Concurrent findings of fact recorded by the Trial Court and the First Appellate Court are immune from interference unless they are perverse, unsupported by evidence, ignore material evidence, or are contrary to settled legal principles. [Paras 13–28] B. Civil Procedure Code, 1908—Sections 100 & 21—Execution of possession decree—Consequential relief—Once a decree for possession attains finality, the executing court is empowered to pass all necessary orders for its effective ...

A. Andhra Pradesh Panchayat Raj Act, 1994—Section 119; Andhra Pradesh Panchayat Raj (Licensing of Machinery and Manufacturing Units) Rules, 1966—Rule 3(n)—Manufacture of Sweets in Residential Area Without Licence—Held: Manufacture of sweets in a premises situated within a residential area requires a valid licence from the competent authority under Section 119 of the Andhra Pradesh Panchayat Raj Act, 1994 read with Rule 3(n) of the 1966 Rules. Payment of licence fee or taxes for running a sweet shop does not authorise operation of a separate manufacturing unit. A person carrying on manufacture of sweets without obtaining the requisite statutory permissions cannot claim a right to continue such activity merely on the basis of long-standing operation. (Paras 22–28, 42–44). B. Principles of Natural Justi...

A. Civil Procedure Code, 1908—Section 100—Second Appeal—Substantial Question of Law—A second appeal is maintainable only when a substantial question of law arises which materially affects the rights of the parties—Mere reappreciation of facts or evidence does not constitute a substantial question of law, and the High Court should not interfere with concurrent findings of fact where two possible inferences may arise from the evidence. B. Civil Procedure Code, 1908—Section 100—Pleadings and New Contentions—Questions of law which require foundational facts cannot be raised for the first time in second appeal if such facts were not pleaded or proved before the courts below—Contentions not raised in pleadings or evidence before the trial court or the first appellate court are not permiss...

Motor Vehicles Act, 1988—Sections 163-A and Compensation—Just Compensation Principles—Claims under Section 163-A read with Schedule II of the Motor Vehicles Act, 1988, are subject to statutory caps; however, courts may deviate from these caps to ensure “just compensation,” particularly for minors or in cases of severe injury (A). Compensation assessment considers loss of earning capacity, pain and suffering, cost of future treatment, attendant charges, loss of amenities of life, and diminution of future prospects (B). Schedule II caps on notional income are not rigid and should be adjusted for inflation, currency devaluation, and rising cost of living, in line with Supreme Court guidance (C). Permanent disability does not mechanically translate into proportional loss of earning capacity; factors such as age, ...

A. Code of Criminal Procedure, 1973—Section 125—Maintenance—Nature and scope—Maintenance is a measure of social justice aimed at preventing destitution and vagrancy—Right is recurring and independent of other proceedings—Strict proof of marriage not required—Oral evidence sufficient in summary proceedings—Quantum to be fixed considering status, needs, and means—Order granting maintenance to wife and minor child upheld. [Paras 8, 31, 33, 37 and 39] B. Code of Criminal Procedure, 1973—Sections 397 and 401—Revision—Interference—Revisional jurisdiction limited—Interference warranted only in case of perversity, illegality or material irregularity—Family Court’s order based on proper appreciation of evidence and settled principles—No pr...

Constitution of India, 1950—Article 226—Writ of Mandamus—Compassionate Appointment—Laches and Delay—Petitioner sought compassionate appointment following his father’s medical invalidation retirement—The scheme for compassionate appointment was initially struck down by the High Court and subsequently revived by the Supreme Court—The petitioner filed the writ petition 19 years after initial rejection—The Court held that the petition was barred by laches, observing that the purpose of compassionate appointment is to alleviate immediate financial hardship faced by the family of the deceased or retired employee, and is not a vested right—Substantial delay defeats the object of the scheme—Evidence showed that the petitioner’s family had been financially sustaining itself: c...

Central Sales Tax Act | 1956—Section 5(1)—Sale in the course of export—Article 286(1)(b) | Constitution of India—Tax exemption—Misinterpretation of law. Held | that a sale “in the course of export” under Section 5(1) of the Central Sales Tax Act postulates an integrated series of transactions commencing from the agreement of sale with a foreign buyer and culminating in the delivery of goods for transport outside India | such export being inextricably linked with the sale. The distinction between a “sale for export” and a “sale in the course of export” lies in the nexus between the sale and the export; where the seller has no role or obligation in the export process | it is merely a sale for export | whereas where export is an integral and unavoidable incident of the sale | ...

A. Hindu Succession Act, 1956—Section 8—Partition of Hindu Undivided Family (HUF) properties—Reopening of partition and settlement deeds—Allegation of fraud—Held: A concluded partition or settlement cannot be reopened on the mere allegation of fraud. Fraud must be specifically pleaded and proved by cogent and convincing evidence. Where the partition deed and settlement deed were voluntarily executed, accepted and acted upon during the lifetime of the deceased, and the plaintiffs failed to establish any fraudulent conduct vitiating the transactions, they are not entitled to reopen the partition. (Paras 27 to 73) B. Hindu Law—Partition—Minor's interest—Reopening of partition—Held: Although a partition may be reopened where it is demonstrated that the minor's interest has been ...