The unsuccessful plaintiff seeking declaration and joint possession of ancestral agricultural land, which was claimed to have been wrongfully transferred based on a forged Will—The appellant asserted that the Will, allegedly executed by his deceased father, Mukhtiar Singh, was fabricated, contending that the property should devolve by natural succession among all siblings—The trial court upheld the validity of the Will, which led to the dismissal of the appellant’s suit—The appellate court also affirmed this decision, finding the Will duly proved through credible witness testimony—The Court ruled that mere exclusion from the Will does not invalidate it, especially when the appellant had been allocated other properties—The argument regarding one beneficiary's alleged participation in the Will's e...
Penal Code, 1860 (IPC)—Sections 420, 465—An enhancement appeal under Section 377 Cr.P.C—challenging the sentencing of Mohan Kadvabhai Chauhan and Trilochan Trivedi, convicted under Sections 420, 465, 467, 468, and 471 of the IPC by the Additional Chief Judicial Magistrate—The trial court sentenced Chauhan to varying terms of imprisonment and fines for these offenses, while acquitting him of other charges and acquitting Trivedi of several charges—The State contended that the trial court's sentences were inadequate considering the gravity of the offenses—The respondents opposed, arguing the trial court’s sentencing was appropriate and well-reasoned—The appellate court found no grounds for interference, referencing Supreme Court principles on enhancing sentences—The court upheld the t...
A petition under Article 226 seeks refund of Rs. 2,57,405 deposited for event permission at MMRDA grounds, Bandra Kurla Complex. BMC withheld refund after police denied permission—Petitioner alleges violation of constitutional rights—Respondent cites absence of refund policy—Court baffled by BMC's stance, finds no legal basis for withholding—Citing precedent, court rules in favor of petitioner, directing refund within two weeks—Interest not pressed due to insignificance—No costs awarded—Stay denied, four weeks granted for compliance due to election duties. ...
Santhal Parganas Tenancy (Supplementary Provisions) Act, 1949—Section 42—Seeks to challenge orders confirming ejectment from agricultural land—Petitioner argues Deputy Commissioner exceeded authority under Section 42 of Santhal Parganas Tenancy Act by ordering ejectment from land with a rented house—Citing relevant case law, petitioner contends order is invalid—Respondents counter that ejectment pertains solely to agricultural land, not the house—Court finds petitioner's claim unsubstantiated, clarifying orders are confined to agricultural land specified in the petition—Thus, Deputy Commissioner's actions deemed lawful—Writ petition dismissed. ...
Grant of freehold rights on land—Involves a petitioner company challenging an order dated 24.01.2022, issued by respondent No. 1, which refused to convert leased land to freehold according to a policy—The petitioner seeks various reliefs, and the case has a background of land allotment, construction, and changes in government policies related to theme parks and amusement parks—Additionally, another writ petition involves FIRs filed against individuals associated with the petitioner company regarding alleged fraud and non-completion of a commercial project. ...
Constitution of India, 1950—Articles 25 and 26—Haryana Sikh Gurdwara (Management) Act, 2014—Sections 2(f) and 3 —shares similar provisions for establishing a committee responsible for managing Gurdwara affairs under its purview. In particular, the Haryana Committee, established in accordance with Section 3 of the Haryana Act, is tasked with the management and control of Gurdwaras and Gurdwara properties within the State of Haryana—The term "Gurdwara property," as defined in Section 2(f) of the Haryana Act, encompasses all movable and immovable assets of a Gurdwara or any institution that, prior to the appointed day, were vested in or held in trust by any Board, Trust, Committee, or Gurdwara Management, or were regulated under the provisions of the 1925 Act—The members of the Committee are requ...
Constitution of India, 1950—Article 14—Tamil Nadu Government scheme concerning the waiver of loans for small and marginal farmers, a constitutional issue arose under Article 14 of the Indian Constitution. This scheme had been introduced as a result of an electoral promise made by the political party in power in Tamil Nadu—The High Court seemed to question the constitutional validity of the scheme, apparently due to its origin as an electoral promise. This view was based on the assumption that no comprehensive study had been conducted before the electoral promise was made—However, it's a well-established legal principle that a scheme cannot be deemed constitutionally suspect solely because it originated from an electoral promise. The constitutionality of a scheme must be assessed within the framework of the Cons...
A. Penal Code, 1860 (IPC)—Sections 148 and 307—Attempt to murder—Medical experts who testified in the case clearly explained that the weapons used and the injuries inflicted were more than sufficient to cause death in the ordinary course of nature—There were seven injuries, some of which were deep cuts on vital parts of the body, including the head, above the ear. Furthermore, the appellants caused severe damage to the complainant's feet, breaking all the bones below the knee, which ultimately led to the amputation of an entire limb, leaving the complainant permanently disabled. Given the gravity of the injuries inflicted, the conviction of the appellants for attempt to murder is upheld. B. Penal Code, 1860 (IPC—Sections 148 and 307—Attempt to murder—The crime occurred in a priv...
Court Fees Act of 1870 — Section 7(iv-A)—Dispute arose over a sale deed's cancellation. The plaintiff argued that the land in question was agricultural, and they were not a party to the sale deed. They contended that the trial court had erred in directing them to pay ad valorem court fees on the land's market value. They asserted that, in line with Section 7(iv-A), they should pay court fees based on the state government's fixed revenue for agricultural land—The plaintiff was not obliged to prove the revenue-paying status of the land or its details when filing the suit. The value of the land, as per the explanation to Section 7(iv-A), should be determined according to sub-clauses (v), (va), or (vb) of the Act, not the broader concept of "market value" used in other contexts. This was overlooked by t...
Consumer Law—Accidental Fire—Agricultural produce stored in a cold storage by farmers—Farmers obtained loans from Bank - The loan was advanced by the Bank to each one of the farmers on security of the agricultural produce stored in the cold storage —The cold storage facility was insured by the United India Insurance Company Limited. Unfortunately, a fire incident destroyed the stock of agricultural produce—The insurance company repudiated the claim mainly on the grounds that the fire was not accidental. However, it was established that the fire was indeed accidental, making the insurance company liable under the policy to pay the value of the agricultural produce as of the date of the fire. Additionally, the insurance company was obliged to pay interest on the amount owed—The insurance company contested...
Succession Act, 1925—Section 63—Evidence Act, 1872—Section 68—Suit for possession of the suit scheduled properties—Contested a lawsuit filed by the respondents for possession of certain agricultural land—The dispute centered around the ownership of the land following the death of its owner, Jagan Nath—The respondents claimed to be Jagan Nath's granddaughters and thus entitled to inherit the land, while the appellants argued that Jagan Nath had executed a valid will in their favor—The trial court ruled in favor of the respondents, finding that they were indeed related to Jagan Nath and that the will was not genuine—The first appellate court, however, reached a different conclusion, leading to a second appeal—The High Court ultimately sided with the respondents, affirming their...
land that was initially leased for certain periods and was subsequently claimed by the plaintiff under the Tamil Nadu Estates (Abolition and Conversion into Ryotwari) Act, 1948—The plaintiff sought a declaration of title and permanent injunction—The trial court decreed the suit, but it was reversed by the first appellate court and then restored by the High Court—The key issue was whether the land in question constituted ryoti land under the relevant laws—The High Court held that it did not, thereby upholding the plaintiff's claim—The Supreme Court examined the definitions of "ryot" and "ryoti land" under the Act of 1908 and concluded that the land did not qualify as ryoti land—Consequently, the plaintiff could not establish a valid claim under the Act of 1948—The Court also...
High Court of Jharkhand order regarding the interpretation of the Bihar Agricultural Produce Markets Act, 1960—The issue revolves around whether the addition of an item to the schedule under Section 39 of the Act requires a separate notification under Sections 3 and 4 of the Act—The Supreme Court held that Section 39 negates the need for compliance with Sections 3 and 4(1) when amending the schedule, affirming the High Court's order and dismissing the appeals. ...
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI) - Section 13, Section 13(2), Section 31, Section 31(i)— Applicability of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act 2002 (SARFAESI Act) to agricultural land— The High Court held that SARFAESI Act doesn't apply to agricultural land, making the proceedings null— The Supreme Court ruled that whether land is agricultural should be determined by its nature, use, and purpose when the security interest was created— The case was remitted back to the High Court for a fresh assessment, setting aside the earlier judgment. ...
Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 197—Section 17, Section 7(2)—Appeal is filed by the plaintiff against the High Court's judgment that reversed the Trial Court's decision and dismissed the suit regarding agricultural land subject to state ceiling laws—Plaintiff's sale of the land to the respondents after the enactment of the relevant law was declared void by the Tribunal—High Court reversed the Trial Court's decision, and this appeal challenges that reversal—Supreme Court revoked the certificate granted by the High Court but treated the appeal as a special leave petition under Article 136, ultimately upholding the High Court's decision—Court also directed the Tribunal to take appropriate action in accordance with the state ceiling laws regarding the ...
Central Excises and Salt Act, 1944—Section 3—Customs Tariff Act, 1975—Section 3—Finance Act, 1997—Section 3A—Levy of excise duty—legal case, three interconnected appeals involve the determination of the annual capacity of production (ACP) for factories producing "non-alloy steel hot re-rolled products" and the levying of excise duty on such products—The government introduced Section 3A, allowing for the identification of specific goods and alternative duty assessment methods—Disputes arose when the ACP, calculated under the Hot Re-Rolling Steel Mills Annual Capacity Determination Rules, 1997, was deemed equal to actual production for the financial year 1996-97—This led to legal proceedings by the appellants challenging the ACP determination. ...
Departmental inquiry was conducted against an employee of the Krishna District Cooperative Central Bank Ltd. for misconduct related to his failure to properly supervise agricultural cooperative societies—The inquiry found him guilty, and the disciplinary authority dismissed him from service—However, the High Court later reduced the penalty to the stoppage of two increments for three years—The Supreme Court held that the High Court's interference was unjustified as the punishment imposed was not shockingly disproportionate, and it was not within the court's jurisdiction to impose a specific penalty. ...
Madras Estates Land Act, 1908—Section 3(2)(d)—Entitlement to Ryotwari Patta—Andhra Pradesh (Andhra Area) Estates (Abolition and Conversion into Ryotwari) Act, 1948, on 17.01.1959, declaring the agricultural land in question as an 'Inam Estate.' The right of the appellant in this 'Inam Estate' depended on the determination of their tenancy claim prior to the notified date—Original Suit No. 32/1974 was decreed in favor of the appellant, declaring that they were in possession of the land in question, and their ancestors had been in continuous possession of the land before the notified date of 17.01.1959—According to Section 11 of the 1948 Act, this established the appellant's entitlement to a "ryotwari patta." ...
Gujarat Co-operative Societies Act, 1961—Section 107—Election process—Agricultural Produce Marketing Committee, the members of the Managing Committees of co-operative societies do have the right to participate—However, it's important to note that Credit Societies, for which an interim order of winding up has been issued, are temporarily prevented from providing agricultural credit due to the operation of the law—This interim order may or may not result in a final order for winding up—Given the possibility that the society may resume its activity of providing agricultural credit in the future, preventing its managing committee members from fulfilling their statutory obligations would be detrimental to the public interest—Therefore, an interpretation of the statute that leads to such an outcome ...
Andhra Pradesh (Agricultural Produce and Livestock) Markets (Amendment) Act, 2015—Section 5(3)—Andhra Pradesh (Agricultural Produce and Livestock) Markets Act, 1966—Section 5—Exercise of powers—Chairmen of Agricultural Market Committees by the State for a 3-year term—However, the legislature retroactively changed the word "appointment" to "nomination," allowing the State to reduce or curtail their terms—The removal procedure remained unchanged, and a nominee could leave office when their term expired, which was one year—The argument of a vested right in this context was deemed unfounded—The final issue involved different types of delineation between market committees and special market committees, each with distinct compositions, functions, and purposes—These ...
Civil Procedure Code, 1908 (CPC)—Order 21 Rule 95—Limitation Act, 1963—Article 134—Agricultural land through public auction, and a suit was filed by the respondent to set aside the sale deed—After a series of legal proceedings, the appellant obtained a sale certificate in 1985 and sought possession in 1985 under Order 21, Rule 95 of the Civil Procedure Code—However, the application was dismissed as time-barred by the Civil Judge, Senior Division, Jalgaon—The High Court upheld the dismissal, relying on the precedent in Pattam Khader Khan v. Pattam Sardar Khan—The Supreme Court affirmed this decision, stating that the limitation for filing an application under Order 21, Rule 95 starts from the date of confirmation of the sale deed—Since the sale was confirmed in 1968 and the application ...
Civil Procedure Code, 1908 (CPC)—Order 41 Rule 27—Agricultural Produce Market Committee appeals against compensation quantum under Karnataka Agricultural Produce Marketing (Regulation) Act, 1966—Land Acquisition Officer set compensation at Rs 5000 per acre, later increased by Reference Court to Rs 85,000 per acre based on historical awards—Committee challenges increase, alleging lack of evidence for escalation and failure to deduct development charges—Despite opportunities, Committee's non-participation noted in acquisition proceedings—Court considers historical awards as primary evidence due to lack of alternatives—Evidence of prior land sales and development indicates area's increasing value—Committee's failure to contest or provide evidence precludes challenging compensation r...
This batch of civil appeals revolves around whether the subject matter of the respondent's writ petition is covered by the Full Bench judgment of the Rajasthan High Court in Mohd. Bux v. State of Rajasthan—The conversion of agricultural land for non-agricultural purposes in Rajasthan is regulated by the 1966 Rules, while mining lease grants are governed by the 1977 Rules—The respondents, allocated plots for kilns, faced fresh demands following the amendment of the 1966 Rules in 1988—The Single Judge, relying on the Full Bench decision, quashed the demands—The State of Rajasthan appealed to the Division Bench, which dismissed the appeals as time-barred and noted that the subject matter was covered by the Full Bench—The Supreme Court, upon reviewing the Full Bench judgment, found that Conditions 19 and 20 w...
Hindu Womens Right to Property Act, 1937—Section 1—Hyderabad Hindu Womens Rights to Property (Extension to Agricultural Land) Act, 1954—Section 2—Inclusion of Agricultural Land—Enacted by the State of Hyderabad, includes agricultural land within its scope—The Act, aimed at alleviating the inheritance hardships faced by widows under Hindu Law, should be interpreted liberally to achieve its remedial purpose—As the term "property" is broad and encompasses all types of properties, including agricultural land, it logically falls under the Act's purview—The Court emphasized that the Act's language does not exclude agricultural land, and its beneficial interpretation aligns with the Act's intent—Therefore, the Act applies comprehensively to various forms of property, inc...
Income Tax Act, 1963—Section—2(1), 2(1)(b)(ii)—Question of whether income derived from the business of rearing silkworms qualifies as "agricultural income" under Section 2(1) of the Income Tax Act, 1961 was considered—It was held that the statute requires the sale of produce raised by the cultivator, without contemplation for the sale of a different item resulting from processing—As the income from the sale of cocoons did not meet this criterion, it could not be classified as agricultural income—The appeal was dismissed. ...