Tag: Ahsanuddin Amanullah

Supreme Court Orders Assam to Provincialise Services of Music Teachers
Supreme Court

Supreme Court Orders Assam to Provincialise Services of Music Teachers

The Supreme Court held that the appellants' right to provincialisation had crystallised under the 2011 Act. Despite favourable findings, the High Court erred in not granting mandamus relief. The Court modified the impugned judgment, ruling that a Writ Court has inherent power under Article 226 to mould relief and grant consequential mandamus to remedy injustice, which it duly issued. Facts Of The Case: The case originated from a batch of appeals before the Supreme Court, filed by a large group of Music Teachers employed in various provincialised schools in Assam. Their grievance stemmed from the State of Assam's failure to formally provincialise their services under theĀ Assam Venture Educational Institutions (Provincialisation of Services) Act, 2011. The appellants' eligibility had been ...
Why a Poorly Drafted Plaint Can Derail Your Case: Lessons from a Recent Supreme Court Judgment
Supreme Court

Why a Poorly Drafted Plaint Can Derail Your Case: Lessons from a Recent Supreme Court Judgment

The Supreme Court held that even if a Will is proved, a prayer for mere injunction without seeking declaration of title is unsustainable when the plaintiff admits the defendant is in possession. The Court clarified that injunction against alienation is maintainable, but injunction against interference with possession requires a declaration of title and a prayer for recovery. Facts Of The Case: The dispute centered on a property originally owned by Rangaswamy Naidu. His daughter, Rajammal (respondent-plaintiff), filed a suit against her brother, Munuswamy (original defendant), seeking an injunction to restrain him from alienating the property and from interfering with her peaceful possession. She claimed absolute title under a Will dated 30.09.1985, by which her father had allegedly beque...
Daughter’s Coparcenary Rights Upheld: Supreme Court Sets Aside Review Order
Supreme Court

Daughter’s Coparcenary Rights Upheld: Supreme Court Sets Aside Review Order

The Supreme Court held that the High Court exceeded its limited review jurisdiction under Section 114 and Order 47 of the CPC. A review cannot re-appreciate evidence or reverse findings as an appeal would. The order under review did not correct a patent error but substituted a view, which is impermissible in review proceedings. Facts Of The Case: The case originated from a partition suit (O.S. No. 192 of 2000) filed by Subramani against his father, Munusamy Naidu, concerning ancestral properties. An ex-parte preliminary decree was passed in 2003, dividing the property into two equal shares. The Appellant, Malleeswari, who is the daughter of Munusamy Naidu, was not initially impleaded in this suit. Subsequent to the decree, her father executed a sale deed in favor of the first respo...