Tamil Nadu Urban Land (Ceiling and Regulation) Act, 1978 (Act 24 of 1978)—Sections 11(3)—Acquisition proceedings will lapse under Section 4 of the Repeal Act unless the State proves that actual physical possession of excess vacant land was taken prior to the Repeal Act’s commencement on 16.06.1999—Mere vesting of land under Section 11(3) (de jure possession) is inadequate—The State must show that possession was taken either through voluntary surrender under Section 11(5) or through forcible dispossession under Section 11(6), if the landowner failed to comply—The burden of proof lies squarely on the Government—Where land had been sold to third parties and the authorities knew of their occupation, issuing notices only to the original owners without involving the actual occupiers is insufficient&mdas...

Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (Act 56 of 2007)—Section 23(1)—Transfer of property (such as through a settlement or gift deed) by a senior citizen to a child or relative, motivated by love and affection, inherently carries an implied condition that the transferee will maintain and care for the transferor in their old age—It is not necessary for such a condition to be expressly written into the deed—When the transferee subsequently fails to provide basic amenities, physical needs, medical care, and emotional support, such neglect constitutes a breach of this implied condition—In such cases, Section 23(1) deems the transfer to be vitiated by fraud, coercion, or undue influence, and it can be declared void at the senior citizen’s option—The provision must be interpre...

Patents Act, 1970—Sections 2(1)(ja)—Claims for synthetically developed nucleotide sequences (probes and primers) used for detecting Hepatitis B Virus (HBV) via RTD-PCR may constitute an “invention” involving an inventive step under Section 2(1)(ja), even if derived from known HBV genome sequences, provided they demonstrate surprising or superior technical effects over prior art—Where the applicant submits comparative data showing improved amplification or performance compared to existing probes/primers (e.g., D7), the Patent Controller must evaluate this evidence rather than summarily conclude that oligonucleotide design is routine and thus obvious—Rejecting the claims solely on the basis of routine design without engaging with the specific performance benefits constitutes improper analysis of inventive...

Trade Marks Act, 1999—Section 12—The petitioner sought the rectification of the trade mark register by expunging trade mark No. 1250040, registered by the first respondent, on the grounds of prior use and reputation of the mark 'HERITAGE' in relation to dairy and food products—The petitioner, operating under the name "Heritage Foods (India) Limited," claimed substantial sales turnover and long-standing use of the mark since 1993—The first respondent, however, asserted honest use of the mark 'HERITAGE' in relation to edible oils since 1994—The court found that while the petitioner has used the mark in other product categories, there was no evidence to suggest use in edible oils—The first respondent's use of the mark was deemed honest and bona fide, and the court applied the ...

In a significant ruling on Grama Natham lands, the Court held that lands historically designated for village habitation and occupied as house-sites or backyards do not vest with the Government under Section 2 of the Tamil Nadu Land Encroachment Act, 1905—Occupied Grama Natham—especially when longstanding and recognized through transactions—constitutes private property, and eviction under the 1905 Act is impermissible—Only unoccupied Grama Natham vests with the Government for assignment under Revenue Standing Orders (RSOs)—The Court further clarified that patta applications for such occupied lands cannot be rejected solely based on their classification as Grama Natham or by citing RSO 21 ceiling limits, which apply only to unoccupied land assignments—Judicial discipline requires coordinate Benches not to...

Constitution of India, 1950—Article 226—The High Court has discretionary jurisdiction to review the rejection of a pre-grant opposition under the Patents Act, 1970, even though no statutory appeal is provided—However, the Court typically refrains from exercising this jurisdiction unless the decision-making process suffers from significant procedural flaws, such as failure to consider material evidence or provide adequate reasoning—The Controller, in rejecting a pre-grant opposition under Section 25(1), is obliged to consider all relevant evidence, including expert affidavits, and to provide a reasoned order on key issues like novelty, inventive step, and non-patentability—If the Controller fails to do so, it constitutes a flaw in the decision-making process—In such cases, while the Court may intervene, ...

Civil Procedure Code, 1908—Section 10, Section 151—Stay of Suit—Scope of Judicial Discretion under Section 151 CPC—Inapplicability of Section 10 to Stay Earlier Suits in Favour of Later Testamentary Proceedings—The Division Bench dismissed appeals against the rejection of applications seeking stay of civil suits under Section 151 CPC, holding that Section 10 CPC does not apply where a party seeks to stay earlier instituted suits in favour of later proceedings (here, a testamentary original petition for probate of a will)—Since Section 10 is confined to staying a later suit where issues are directly and substantially in issue in a previously instituted suit, it cannot be used in reverse—The inherent powers under Section 151 CPC cannot override or contradict express provisions of the CPC—Citin...

Income Tax Act, 1961, Section 40A(7)(b), a specific provision governing deductions for provisions made towards an approved gratuity fund, overrides the general rule in Section 43B(b), which allows deductions for gratuity only on actual payment—Since Section 40A begins with a non-obstante clause and specifically carves out an exception for approved funds, it prevails over Section 43B’s general payment requirement—Therefore, a provision made towards an approved gratuity fund is allowable as a deduction under Section 40A(7)(b) even if not actually paid within the year or before filing the return—To claim the deduction, the assessee must produce the approved gratuity fund’s trust deed, approval order from the CIT, actuarial valuation, and supporting documents establishing the provision relates to the approved fun...

Constitution of India, 1950—Article 226—Service Law—Disciplinary Proceedings—Acquittal in Criminal Case—Proof—Judicial Review—Acquittal in a criminal case does not automatically exonerate an employee in departmental disciplinary proceedings, as the standard of proof differs—disciplinary action is based on preponderance of probabilities, not proof beyond reasonable doubt—In cases involving financial misconduct or procedural violations, documentary evidence and the employee’s response during the enquiry may suffice to prove charges, even if oral evidence is not led—Principles of natural justice are satisfied where the employee is served with a detailed charge memo, given adequate opportunity to respond, and allowed to defend against documentary material—The plea of disc...

Tamil Nadu Town and Country Planning Act, 1971—Sections 56, 57—The petitioner, owner of a resort in Hullathi Panchayat, The Nilgiris, challenged the order dated 24.12.2024 passed by the District Collector, rejecting approval for the resort's commercial operations—The District Collector, after a field inspection by revenue authorities, found significant encroachments on reserved land (streams and roads) and unauthorized constructions, leading to the rejection of the petitioner’s application—The Collector directed the petitioner to remove the encroachments, cease unauthorized operations, and obtain necessary approvals—The petitioner argued that the Committee for AAA had recommended the case and no opportunity for hearing was provided before the order—However, the Court upheld the District Collec...