Search Judgments

Transfer of Property Act – Sections 6, 8, 122, 123, 126 ; Specific Relief Act – Section 31; Maintenance and Welfare of Parents and Senior Citizens Act, 2007 – Suit for Specific Performance – The plaintiff filed a suit for specific performance based on a sale agreement with the first defendant. The first defendant admitted to the agreement but claimed her mother had canceled the gift settlement deed of the property to her, and subsequently sold the property to other defendants. Defendants 2 to 4 contended the gift deed was fraudulent and the subsequent sales were valid. The trial court decreed the suit in favor of the plaintiff, which was upheld by the first appellate court.

Environment (Protection) Act, 1986 – Sections 3 and 5 – The case revolves around the validity of Office Memorandums (OMs) issued by the Ministry of Environment, Forest and Climate Change (MoEF) providing for ex post facto Environmental Clearances (ECs) for projects. The court examined whether such OMs are permissible under the Environment (Protection) Act, 1986, and in light of existing Environmental Impact Assessment (EIA) and Coastal Regulation Zone (CRZ) notifications mandating prior ECs. It also considered the implications of an earlier undertaking given by the Union of India regarding ex post facto ECs being a one-time measure. The Court analyzed six Supreme Court case laws concerning ex post facto ECs, emphasizing that while the Act doesn’t explicitly prohibit it, there’s no enabling provision either, and prior EC is generally required.

Contract Act, 1872 – Section 27; Constitution of India – Article 19(1)(g) – The writ appeals challenge the orders dismissing writ petitions filed by postgraduate doctors seeking reduction in their mandatory service period under bond conditions, arguing that their service during the COVID-19 pandemic should be considered towards fulfilling the bond obligation. The doctors, having executed bonds to serve in Government Hospitals after completing their PG courses, claimed that their COVID-19 duties should be adjusted against the bond period.

The respondents argued that the bond conditions are binding, and reducing the bond period, which was already reduced from two years to one year, would defeat the purpose of ensuring service in Government Hospitals. They also contended that COVID duty certificates are primarily for incentive marks in Medical Services Recruitment Board (MRB) recruitments and not for bond duty relief.

Maintenance and Welfare of Parents and Senior Citizens Act, 2007 – Sections 4, 5 and 23 – Transfer of Property Act, 1882 – Section 122 and 126 – Indian Contract Act, 1872 – Section 11 – Cancellation of Settlement Deed executed in favour of a minor – The petitioner, a minor and granddaughter of the 4th respondent, challenges the order canceling a Settlement Deed in her favour, arguing that a minor cannot be bound by reciprocal promises in the deed. The 4th respondent sought cancellation based on the petitioner’s and her guardian’s failure to maintain him as stipulated in the deed, invoking Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.

The court considered whether a minor can be obligated by covenants in a Settlement Deed and whether the 4th respondent can enforce the maintenance clause against the minor. It was noted that Section 4 of the Maintenance Act excludes minors from the definition of children liable to pay maintenance.

Teachers Recruitment Board (TRB) Notification No.2/2018 – Equivalence of Degree – Appointment of Assistant Professor – The appellant/petitioner, possessing L.L.M Degree in International Law, Constitutional Law & Human Rights Law from Pondicherry University, along with requisite qualifications like TN-SET and NET, was selected for Assistant Professor post by TRB.

TRB withheld selection due to lack of equivalence certificate for the L.L.M Degree. While the Registrar~In~Charge of Tamil Nadu Dr.Ambedkar University issued an Equivalence Certificate. The Government of TamilNadu issued G.O stating that L.L.M Degree offered by the Pondicherry University is not equivalent to L.L.M Degree offered by the Tamil Nadu Dr.Ambedkar Law University, for the purpose of employment in Public Services.

Tamil Nadu State Commission for the Scheduled Castes and Scheduled Tribes Act, 2021 – Sections 8 and 9 – Powers of the Commission – Direction to register FIR and appoint investigation officer – The defacto complainant lodged a complaint before the police, and an FIR was registered under various sections of IPC and the Tamil Nadu Prohibition of Women Harassment Act. Subsequently, she sent a representation to the Tamil Nadu State SC/ST Commission, leading the Commission to direct the petitioners (police officers) to register a fresh FIR under the SC/ST (Prevention of Atrocities) Act and appoint a different investigation officer. The petitioners challenged this directive, contending that the Commission lacked the authority to issue such orders, especially when an FIR was already registered and investigation was underway. The respondent Commission argued that the order was within its purview, especially concerning invoking Section 9 of the Act.

Electricity Act, 2003 – Sections 42, 43, 45, 46 and 86(1)(f) – Tamil Nadu Electricity Distribution Code (Distribution Code) – Regulations 26, 29(11), 29(16), 29(17) and 44 – Regarding the levy of charges for the installation of Distribution Transformers (DTs) from consumers, particularly in group housing projects.

The core issue revolves around whether the cost of installing DTs should be borne by the distribution licensee or the consumers, particularly in scenarios involving group housing projects. Petitioners argued that Regulation 29(16) and Section 45(1) of the Electricity Act allow them to charge consumers for DT installation. Respondents countered that Regulation 26(iii) mandates licensees to bear the cost of DT installation.

Income Tax Act, 1961 – Sections 68, 115BBE, 133(6), 142(1), 143(2), 143(3) – Assessment Year 2017-2018 – Writ Petition challenging assessment order under Section 143(3) – Violation of principles of natural justice – Addition of unexplained cash credit.

The petitioner, a Non-Banking Financial Company (NBFC), challenged an assessment order under Section 143(3) of the Income Tax Act, 1961, arguing a violation of natural justice and an incorrect application of Section 115BBE.

The Assessing Officer added Rs. 99,50,749 as unexplained cash credit under Section 68, noting discrepancies in cash deposits made during demonetization.

Motor Vehicles Act, 1988 – Section 173 – Appeal against the award of the Motor Accident Claims Tribunal (MACT) – Setting aside of the award by the High Court – Propriety.

The High Court set aside the MACT award based on the absence of evidence linking the accident to the implicated vehicle, a truck. The claimants, wife and son of the deceased, were awarded compensation by the MACT.

The key issue was whether the High Court was justified in overturning the MACT’s well-reasoned award in a first appeal under Section 173 of the Motor Vehicles Act, 1988. The Supreme Court emphasized that such appeals require careful assessment of oral and documentary evidence.

Registration Act, 1908 – Sections 77A, 77B, 22A, 22B, 32 to 35 and 83 – Regarding the challenge to an order passed by the first respondent in February 2023 concerning a property dispute in Madurai.

The petitioner contested the order which declared certain registered documents related to the property as forged and directed the registering authority to record this in Schedule II, preventing further registrations based on these documents and allowing the sixth respondent to deal with the property. The petitioner alleged a violation of natural justice, claiming a lack of notice and opportunity for hearing. They also argued that the first respondent lacked the power to cancel registered documents, especially after Sections 77A and 77B of the Registration Act, 1908 were declared unconstitutional.