Criminal Law - Arms Act – Conviction under Section 7 vs Section 3 – Prohibited Arm Not Proven – Conviction Modified - Appellant was initially convicted under Section 7/25 of the Arms Act for possession of a country-made revolver – Trial court relied on a District Magistrate's report but no ballistic report or scientific evidence was produced to prove it was a prohibited...
RERA Jurisdiction – Complaint maintainability against unregistered projects – Jurisdiction of RERA upheld - Petitioners contended that in the absence of registration under Section 3 of the RERA Act, the authority could not entertain complaints – Held that Section 31 vests jurisdiction in RERA to entertain complaints even against promoters of unregistered projects – Further ...
Civil Law - Compromise Decree – Validity – Order 23 Rule 3 CPC – Estoppel – Compromise Decree Upheld - Appellants challenged a consent decree claiming their father was coerced into compromising without their knowledge – Held: Once the Court is satisfied about the lawfulness of a compromise, the resulting decree is valid and operates as estoppel – Such a decree c...
Service Law – Removal From Service - Departmental Proceedings – Disagreement with Enquiry Report – Principles of Natural Justice – Removal Set Aside – Disciplinary Authority disagreed with the Enquiry Officer’s finding exonerating the petitioner without providing prior opportunity of hearing or disclosing tentative findings – Held: Such unilateral disagree...
Civil Law - Partition Suit – Temporary Injunction – Prima Facie Case Established – Injunction Confirmed - Plaintiff filed suit for partition and sought injunctions to restrain defendants from alienating and altering suit properties – Trial Court found plaintiff demonstrated prima facie right to claim share in ancestral property – Held: Alienation would dilute plaintif...
Civil Law - Deemed Conveyance – Jurisdiction of Competent Authority under MOFA – Scope Limited – Upheld - Competent Authority under Section 11(3) of MOFA granted deemed conveyance over entire plot including area allotted to appellant – Held: Authority can issue certificate of deemed conveyance but cannot conclusively adjudicate title – Parties may seek civil remedy fo...
Arbitration Law - IBC vs Arbitration – Jurisdiction of MSME Council Post-Resolution Plan – Award Held Non-Executable – Appeal Allowed - MSME Facilitation Council passed an arbitral award in favour of the respondent after approval of a resolution plan under IBC that extinguished operational creditor claims – Held: Once a resolution plan is approved under Section 31 IBC, all ...
Land Acquisition – Compensation Determination Date – Section 26(1) Proviso RFCTLARR Act – Appeal Allowed - The High Court fixed market value as on 01.01.2014, the date of RFCTLARR Act’s commencement – Held: This is contrary to Section 26(1) proviso which mandates that compensation must be determined with reference to the date of Notification under Section 11 – S...
Contempt of Court – Disobedience of Final Judgment – Plea of Private Forest Land Rejected – Contempt Established - The Court held that the respondents wilfully disobeyed the final judgment in W.P.(C) No. 593 of 2017 and LPA No. 786 of 2018 (affirmed by the Supreme Court in SLP(C) No. 8108 of 2021) by issuing letters branding petitioner’s land as ‘private forest land&r...
Arbitration Law – Partial Setting Aside of Arbitral Award – Impermissible – Matter Remitted - Supreme Court held that the High Court erred by modifying the arbitral award instead of either upholding or setting it aside in entirety – Partially affirming and partially reversing the award, while leaving parties to pursue further claims, was beyond the court’s power...
