Co-operative Societies – Membership – Belated Claim by Legal Heirs of Tenant – Resolution of Society – Validity – Dispute concerning Flat No.7 in a co-operative housing society formed by erstwhile tenants of a company in liquidation – Original tenant did not deposit contribution amount at inception but continued in undisputed occupation – Society had issue...
Mandatory Injunction – Licensor–Licensee Relationship – Maintainability – Suit for mandatory injunction filed by husband and subsequent purchaser against wife occupying flat – Wife claimed to be trespasser post revocation of licence – Held: Where defendant occupies premises as a licensee and licence is terminated, suit for mandatory injunction for recovery of po...
Service Law – Recruitment – Head Teacher (Class-III) – Interpretation of Eligibility Rule – Teaching Experience – Petitioners, having cleared Head Teacher Aptitude Test, were denied acceptance of application forms on the ground that they lacked five years’ teaching experience after acquiring B.Ed. degree – Rule 4(d) of Recruitment Rules, 2012 prescribes &l...
Land Acquisition – National Highways – Multiplier Factor – Conflict between Central and State Notifications – Acquisition initiated under Section 3-A(1) of the National Highways Act for National Highway project – Central Government notification dated 09.02.2016 under Section 30(2) read with First Schedule of the Act of 2013 prescribing multiplier factor of 2.00 &ndash...
Writ Jurisdiction – Abuse of Process – Civil Suit Pending – High Court allowed writ petition seeking demolition of appellant’s construction on disputed property without issuing notice – Held: Respondent No.1 had already filed a civil suit seeking identical relief – Filing writ petition was an abuse of process to bypass the suit – Petition not maintainable ...
Consumer Protection Act, 1986 – Definition of Consumer – Commercial Purpose – Appellants purchased residential flat in housing project – After taking possession, flat was leased to a third party – NCDRC dismissed complaint holding appellants were not ‘consumers’ as property was used for commercial purpose – Supreme Court reversed – Held: Mere l...
Arbitration and Conciliation Act, 1996 – Section 11 (Pre-2015 Regime) – Scope of Judicial Determination – Arbitrator appointed by High Court under Section 11 prior to insertion of Section 11(6A) – Supreme Court reiterated that under SBP & Co. vs. Patel Engineering Ltd., Section 11 Court was required to decide not only existence but also validity of arbitration agreement...
Service Law – All India Services – IPS Cadre Allocation – Insider Vacancy – Appellant selected to IPS in 2004 Civil Services Examination and allocated Tamil Nadu cadre – Claim raised for re-allocation to Rajasthan cadre against an ‘insider’ vacancy on ground that two candidates senior in merit did not accept the vacancy – Tribunal and High Court reje...
Civil Law – Article 227 – Rejection / Striking off of Plaint – Availability of Remedy under Order VII Rule 11 CPC – High Court erred in exercising supervisory jurisdiction to strike off plaint despite existence of specific statutory remedy – Held: Availability of remedy under CPC constitutes a near-total bar to invocation of Article 227 – Impugned order set asid...
Family Law - Child Custody – Paramount Welfare Principle – Scope and Application – Custody dispute between divorced parents concerning two minor children removed from Qatar to India by the mother without consent of the father and without permission of Qatar Courts – High Court held welfare of children as sole consideration and restored custody to mother – Supreme Cour...