MSK Publications -MSK Law Reports 2015 – Ready Reckoner

WHO IS AN AGGRIEVED PERSON UNDER SEC.68 OF INSOLVENCY ACT The petitioner herein was a lessee of the property which was sold by the Official Receiver. The petitioner filed the above I.A. No. 49 of 1966 on the file of the Sub-Court, Ootacamund, on the ground that the sale conducted by the Official Receiver was vitiated for two reasons (1) that the sale was conducted without notice to him as lessee in possession of the property sold and (2) that there was no sufficient publication so as to attract the highest bid. The ? Courts below have taken the view that the petitioner herein is not an aggrieved person so as to entitle him to file an application under Section 68 of the  Provincial Insolvency Act for setting aside the sale conducted by the Official Receiver of the insolvent's property that as a lessee he is not entitled to any notice of sale and that as such the petition filed by the petitioner for setting aside the sale was not maintainable.  In that view, bot...

Sections 406, 409 read with Section 120(B) of IPC- for quashing of FIR on the ground that it is purely civil in nature - entered  into  a conspiracy, pursuant to which fabricated documents  were  created  and  in  land acquisition proceedings concerning land bearing City Survey No.  20722,  situated within the limits of Aurangabad Corporation,  compensation  to  the  tune of Rs.23.48 lacs was received by the appellant without there being  any  entitlement.  - HELD THAT -  We have gone through the record and considered rival submissions.  The  High  Court found three infirmities namely  that  Onkargiri,  predecessor  of the  plaintiffs in Regular Civil Suit No.81 of 1993 did not have any title;  that  no sale deed was  executed  by  the  plaintiffs  in  favour  of  said  three  persons; and that the docum...

Sections 148, 302 read with  Section  149  and 201 of the Indian Penal Code,1860 (for short ‘IPC’).-  where  the  Trial  Court  and  the  High  Court,  on  appreciating the  entire  oral  evidence,  recorded  categorical  concurrent findings of fact against the appellants (accused) about their complicity  in commission of crime in question which resulted in killing of mother and  her unmarried daughter.-  HELD THAT - This Court, being the last  Court  of  appeal,  does not re-visit and re-appreciate the entire  oral  evidence  de  novo  in  its jurisdiction under Article 136 of the Constitution unless there  are  strong and prima facie reasons to do so pointing out  therein  any  apparent  legal and jurisdictional error prejudicing any rights of the accused.; Sections 148, 302 read with ...

Motor Accidents Claim - Tribunal conducted trial but return the claim petition to present in proper Tribunal feeling that it has no jurisdiction -  The appellants filed review  petition  against  that order which was also dismissed vide orders dated 10.04.2013.-  Challenging this order,  the  appellants  filed  petition  under Article 227 of the Constitution in the High  Court  of  Calcutta  which  has been dismissed by the High Court on the ground of delays and laches  stating that though MACT had dismissed the review petition of  the  appellants  vide orders dated 10.04.2013, revisional application challenging that  order  was filed only on 03.03.2015 after a delay of almost 2 years. - Apex court held that    It is  an  admitted  position  in  law  that  no  limitation  is  prescribed for filing application under Article ...

Delhi Rent control Act sec.14 - Rent Control Case - Eviction Petition - The landlord sought the eviction of the tenant  on  the  ground  that  the tenant had sub-let the premises to his son-in-law  in  contravention  of Section 14 of the Delhi Rent Control Act, 1958 (hereinafter referred  to  as ‘the Act’).  -  whether  he  was doing business along with his father-in-law or independent of him,  i.e. whether  he  was  doing  business  exclusively  behind  the  façade   of   a  partnership or as a genuine partner.  It is an  uncontroverted  fact  before  us that the landlord’s permission in writing was  not  obtained  before  the  tenant had allowed the alleged sub-tenant to occupy the shop -  the Rent Controller clearly found that the son-in-law had been put  in  possession of the shop in pursua...

Election petition -  The  appellant  lost  election  from  Bhattiyat  Assembly  Constituency   of  Himachal Pradesh Legislative Assembly held  in  2012  by  a  margin  of  111 votes. He filed an election petition mainly on  the  grounds  under  Section  100(1)(d)(iii) of the Act -  Exercise of dual right of franchise by a voter and discrepancy between  the EVM record and the record maintained in Form 17-A at polling station  No.92- Kamla; - Improper reception of 30 postal ballot papers; and Discrepancy regarding 100 postal ballot papers-whether 597 or 697?” - issues framed -  “2)   Whether the election petition is liable to be dismissed in limine  for lack of material facts and particulars, as alleged? 3)    Whether the election petition is not  maintainable  for  want  of  any cause of action, as alleged?” - High...

Or.39, rule 1 and 2 C.P.C. - suit for injunction - interim application for interim injunction - Trial court rejected - High court granted - Apex court set aside the High court and restore the trial court order-  The Plaintiff along with his Maternal grand-mother  are in use, occupation and possession of the  premises-The Defendant Nos.1, 2, 3 and 5 are the Paternal uncles  of  the Plaintiff’s mother -Defendant No.6,  is a son of the Defendant No.5 and Defendant No.4 is the sister  of  Defendants1,2,3 and 5 -Mohammed Ali H. Tejani (called the said Deceased)  was  a  Co-owner along with Defendant Nos.1 to 5 in respect of a Plot of  Land  bearing Plot No.202-D, along with the building comprising of ground with  one  upper floor-The said deceased  executed a Will dated 28th September 1991 under which  the  deceased  bequeathed  his  1/7th share in the plot of land in favour of...