Banking Law – Leasehold Plot – Validity of mortgage and e-auction sale of leasehold property allotted by DDA – Mortgage without prior permission of Lieutenant Governor held void – DDA’s rights of pre-emption and unearned increase ignored – Recovery Officer and Bank failed to disclose material encumbrances in auction proclamation – E-auction notice dated 27...
Insolvency Law – Transfer of Partnership Share – Appellant inducted as partner after father’s death; creditors initiated insolvency (1975); official receiver executed transfer deed (1983) in favour of respondent based on alleged offer/acceptance (Ex.P4, Ex.P6) – District Court (2004) found documents fabricated, cancelled transfer, restored appellant’s share – Hi...
Insolvency and Bankruptcy Code, 2016 – Resolution Plan – Concurrent Findings – Appeals under Section 62 lie only on a question of law – NCLT and NCLAT concurrently upheld JSW’s plan with minor modification regarding EBITDA – Held: Appeals not maintainable in absence of statutory grounds under Section 61 – Concurrent findings not to be disturbed unless perv...
Motor Accident Compensation – Determination of Income – Appellant, 23-year-old loader, lost right leg in lorry accident (01.12.2015) – Tribunal fixed income at ₹9,000 p.m., assessed 85% disability, applied multiplier 18, awarded ₹19,35,400 under various heads – High Court reduced income to ₹8,000 relying on Workmen’s Compensation Act ceiling, further considering...
Medical Negligence – Failed Sterilization – No Presumption of Liability – Plaintiff underwent sterilization in January 1987 but gave birth to a severely deformed child in December 1987 – Plaintiffs claimed ₹2,40,000 as compensation alleging negligent sterilization – Trial Court and First Appellate Court held there was no evidence of negligence – High Court aff...
Motor Accident Compensation – Insurance Policy Validity – Fraud Allegation – Deceased, 21-year-old security guard earning ₹4,000/month, died in road accident on 21.06.2006 – Tribunal awarded ₹3,87,000 with 7% interest against insurer based on insurance policy produced by vehicle owner showing coverage from 17.06.2006 – Insurer later discovered policy validity was ...
Service Law – Pension and Gratuity – Withholding of Retiral Dues – Respondent retired in June 2013 – Department withheld pension and gratuity citing non-vacation of government residence – Supreme Court held such withholding illegal – Pension and retiral benefits are not a bounty but a matter of right – Delay in payment not justified merely due to continued...
Civil Law – Rejection of Plaint – Order 7 Rule 11 CPC – Jurisdiction – Plaintiff sought declaration and injunction over multiple properties claimed as residential, commercial, and industrial – Trial Court rejected suit stating the land was agricultural and civil court lacked jurisdiction – Held: Even if some properties are agricultural, rejection of en...
Service Law – Lecturer Appointment – Rule Applicability – Appellant selected as Lecturer in History in 2006 under Assam Government Aided Junior College Management Rules, 2001 – Age condonation granted by Government for 2 years 7 months – Appointment approved and 18 years of continuous service rendered – High Court Division Bench wrongly applied Rule 19(iv) of As...
Civil Procedure – Summary Suit – Leave to Defend – High Court allowed defendant to file reply to summons for judgment without prior leave to defend under Order XXXVII Rule 3(5) CPC – Held: Permitting reply without prior leave undermines the summary nature of Order XXXVII proceedings – Order suffers from serious procedural defect and is unsustainable – Impugned o...