Specific Relief Act, 1963, Section 34 -- Suit for declaration of title on the basis of Hiba - Written hibanama was preceded by oral hiba - Suit filed without seeking relief of cancellation of registered sale deed favouring defendant - Not maintainable, as suit was barred in terms of S.34 Proviso of the Act...........
Income Tax Act, 1961, Section 12AA -- Registration of Trust - Cancellation - Misuse of status by Trust after registration - Entity which is misusing status conferred upon it by S.12-AA of the Act is not entitled to retain and enjoy said status - Registration of Trust rightly cancelled by authorities...........
Tender -- Bid - Letter of Intent (LOI) - Non-compliance of obligations under LOI by successful bidder - Period for execution of contract was one year - Respondent/successful bidder worked at the site for a little over month - No amount was paid for work done - Respondent failed to comply with their obligation under LOI - Failure of successful bidder to comply with..........
Transfer of Property Act, 1882, Section 123 -- Gift settlement deed - Unilateral cancellation of settlement deed by execution of cancellation deed is not permissible at the instance of donor, particularly when there is a specific recital in settlement deed that donor has no power to revoke gift deed and even if she cancelled the deed, said cancellation would not be valid -..........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 302 -- Bail during pendency of appeal - Cancellation of - Accused was involved in an offence u/s 302 IPC during period when his sentence was suspended - Despite the order u/s 319 Cr.P.C, accused evaded his arrest in contravention of warrant of arrest which was issued by ASJ - Criminal antecedents..........
Criminal Procedure Code, 1973, Section 439 -- Cancellation of bail - High Court granted bail without assigning reasons - Except narrating submissions/contentions of accused and Public Prosecutor, High Court without assigning any further reasons granted bail - Order granting bail suffers from perversity - Impugned order granting bail set aside...........
Service -- Selection process - Cancellation of candidature - Failure to submit requisite proof of educational qualification - UPSC had to postpone their examination like other Universities/Boards due to COVID-19 Pandemic - Results of qualifying examination in case of petitioners thus, got delayed - This was entirely beyond the control of petitioners - Admittedly,..........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 302, 452, 120B -- Cancellation of bail - Murder - Prima facie material against accused is on record - Mere examination of wife of deceased cannot be considered as a change in circumstance for High Court to consider fourth bail application of accused and enlarged him on bail - Bail granted to..........
Civil Procedure Code, 1908, Order 40, Rule 1 -- Appointment of receiver - Merely because plaintiff filed a suit, who admittedly not in possession and defendants are conducting their business in suit shops cannot seek appointment of receiver so as to deprive defendants of possession of suit properties even before suit for cancellation of lease deed and possession is decreed..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23(1) -- Cancellation of transfer deed - Property in question transferred from mother to son by playing fraud - Son neglected his mother and not providing basic amenities despite fact that property was transferred in his name - Mother who is 76 years old suffering from various ailments - Transfer deed..........
