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...
Arbitration – Existence of Arbitration Agreement – Allegation of Forgery – Partnership dispute centered on an "Admission Deed" allegedly executed by partners to induct respondent into firm – Appellant denied execution and alleged forgery – Held: Arbitration clause embedded in forged document renders entire contract, including arbitration agreement, seriously...
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...
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...
Criminal Law – Section 482 Cr.P.C. – Quashing of Proceedings – Second Complaint – Maintainability – Applicant sought quashing of summoning order and complaint proceedings arising out of Complaint Case No.188 of 2017 – Earlier FIR lodged on the same incident pursuant to Section 156(3) Cr.P.C. application – Police submitted Final Report – Protest petit...
Departmental Inquiry – Appointment of Inquiry Officer – Retired Public Servant – Inquiry conducted by retired Deputy Secretary appointed as Inquiry Authority – Challenge based on Rule 11(2) of EIA Rules contending that only serving public servant can be appointed – Held: Expression “public servant” in Rule 11(2) includes retired public servant – No e...
Family Pension – Recovery of Excess Payment – Bank Error – Widow Pensioner – Demand Notice Challenged – Excess family pension paid for more than a decade due to mistake of pension disbursing bank – No misrepresentation, fraud or concealment by petitioner – Recovery sought from widow solely dependent on family pension – Held: Recovery impermissible as...
Land Acquisition – Mega Market by APMC – Challenge by Public Charitable Trust – Multiple acquisition notifications relating to two sets of lands (Subject ‘A’ and Subject ‘B’) – Common dismissal of writ petitions by Single Judge upheld – Appeals dismissed [Paras 1, 16, 66].
Land Acquisition Act, 1894 – Section 6 Proviso (ii) – Lim...
Constitutional Law – Right to Protest – Regulation of Place and Time – No Absolute Right to Demonstrate at Chosen Venue – Appellant, an elected MLA, sought permission to hold peaceful sit-in demonstration in front of Nabanna, State Headquarters – Police rejected permission – Learned Single Judge permitted demonstration at alternative venue with conditions &ndash...
Mining Law – Dead Rent – Non-operational Quarry Lease – Petitioners challenged demand of dead rent for the period during which mining operations could not commence allegedly due to non-handover of possession and absence of environmental clearance – Held: Dead rent is payable irrespective of actual mining operations so long as lease subsists [Paras 4–5, 25–28].
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