Civil Law - Will – Testamentary Succession – Section 67 of Indian Succession Act – High Court’s Finding Set Aside – Appellant claimed rights under joint will by parents – Trial and Appellate Courts upheld validity of will – High Court invoked Section 67 to void bequest due to attestation by beneficiary’s wife – Held: High Court framed additiona...
Tenancy Law - Landlord–Tenant – Challenge to Landlord’s Title – Estoppel against Tenant – Relinquishment Deed of 1953 (Exh. P-18) – Findings of Courts Below Perverse – Tenant inducted in 1953 by Ramji Das under a valid relinquishment deed executed by Sua Lal; rent paid to Ramji Das for decades and, after his death, to the landlady’s husband – H...
Second SLP – Unconditional withdrawal without liberty – Barred – Appeals dismissed.
Civil Law - Maintainability - Second SLP after withdrawal – Unconditional withdrawal without liberty – Not maintainable – Court held that where a litigant withdraws a Special Leave Petition without seeking liberty to file afresh, a subsequent SLP against the same order is barr...
Arbitration – Enforcement of Arbitral Award – Claim for Compound Interest – Arbitral Tribunal awarded Rs. 15.5 crores with 21% p.a. interest from date of advance till repayment – Respondent filed execution seeking compound interest under Section 31(7)(b) of Arbitration and Conciliation Act, 1996 – Executing Court rejected claim for compound interest and closed executi...
Civil Procedure – Settlement under Article 142 – Property Dispute – 33-Year Litigation – Dispute over ownership and possession of valuable properties at Sunder Nagar, Delhi – Multiple legal heirs, transfers, Wills, and agreements complicated ownership – Supreme Court, exercising powers under Article 142, appointed Hon’ble Mr. Justice (Retd.) Vipin Sanghi a...
Civil Procedure – Rejection of Plaint – Maintainability of Appeal – Commercial Suit filed without Pre-Institution Mediation under Section 12A of CCA 2015 – Trial Court rejected plaint under Order VII Rule 11 CPC – Held: Rejection of plaint amounts to a 'decree' under Section 2(2) CPC – Such decree is appealable under Section 13(1A) of the Commercial Cour...
Motor Accident Claim – Insurance – Liability of Insurer – Gratuitous Passenger – Policy Conditions Breached – Five-seater vehicle carrying nine passengers – Tribunal held insurer and owner jointly and severally liable – High Court absolved insurer based on breach of policy terms – Supreme Court held that insurer having collected additional premium fo...
Motor Accident Compensation – Permanent Disability – Minor Victim – Multiplier Method – 14-year-old appellant sustained 77.1% permanent disability in a motor vehicle accident – High Court applied multiplier of 15, monthly income of ₹3,620 with 40% future prospects – Supreme Court affirmed multiplier and income but enhanced compensation under multiple heads &nd...
Central Excise – Manufacture – Boilers in CKD Condition – Bought-Out Items – Final product (steam-generating plant) assembled at site using bought-out items and CKD parts – Such assembly results in immovable property – Held: Not “goods” within meaning of Section 3 of the Central Excise Act, 1944 – Excise duty not leviable – Valuation unde...
Specific Relief – Specific Performance – Agreement to Sell – Determinability – Clause 9 of ATS interpreted – Agreement to Sell (ATS) executed in 2000 with part consideration paid and obligations imposed on both parties including land conversion, subdivision, and sale deed execution – Vendors unilaterally issued a cancellation notice in 2003 citing death of one v...