Election Petition – Maintainability – Requirement of Material Facts – Section 83(1)(a) RP Act – Petition Dismissed - The petitioner alleged non-disclosure of assets, liabilities, and arbitral awards by the returned candidate and sought invalidation of the election – The Court held that the Election Petition lacked concise statement of material facts and failed to show...
Arbitration – Award of Interest – Contractual Bar – Clause 18.1 of ONGC Contract – Pendente Lite Interest Permissible – Appeal Dismissed – [Paras 11-27]
Arbitration – Award of Interest – Interpretation of Contractual Clause – Whether Clause 18.1 of the Agreement bars the Arbitral Tribunal from awarding pendente lite interest &ndash...
Company Law – Oppression & Mismanagement – Jurisdiction – Gift/Share Transfer – Board Meetings – NCLAT interference set aside – Appeals allowed – NCLT order restored – Parties to bear own costs – [Paras 17, 19, 24-31, 42-46, 47-53, 55-56]
Background – Private company (Sargam Exim Pvt. Ltd., later Satori Global Ltd.) incor...
Employment Law - Compassionate Appointment – Married Daughter – Dependency Requirement – Appeal Partly Allowed – Deceased Eastern Coalfields employee’s widow (aged above 45), married daughter, and son-in-law sought compassionate appointment under NCWA—Clause 9.3.3 (excluding married daughters) declared unconstitutional by Single Judge with prospective effect; cl...
Maintainability of Suit – Article 131 of the Constitution – Jurisdiction not barred – Dispute concerned enforcement of agreements/notifications for construction of SYL Canal and not distribution or control of water itself – Held: Not a “water dispute” under Section 2(c) of Inter-State Water Disputes Act – Hence, Supreme Court jurisdiction under Article 131...
Civil Procedure – Rejection of Plaint – Order 7 Rule 11 CPC – Plaintiffs sought declaration that earlier decrees up to Supreme Court were null and void – Defendants filed application under Order 7 Rule 11 CPC contending plaint disclosed no cause of action and suit barred by law – Trial court directed defendants to file written statement without deciding the applicatio...
Society Commission – Deletion and Substitution of Rule – Rule 49 of U.P. Sugarcane Rules – Substituted Rule Ceasing to Operate – Revival of Old Rule – Not Permissible – The appellants challenged the demand of society commission at 5% of the minimum statutory price of sugarcane on the ground that old Rule 49 was deleted and substituted by a new Rule 49 prescribin...
Land Acquisition – Reference under Section 18 – Rejection by Reference Court Reversed – Compensation Enhanced – The appellant challenged the rejection of a reference filed under Section 18 of the Land Acquisition Act, 1894 on the ground that it was time-barred and also questioned the compensation determined by the Collector at ₹479.15 per acre – The High Court...
Tenancy Law - Rent Control Act – Executability of Eviction Decree – Multinational Company Sub-lessee – Jurisdiction Upheld – The petitioner, a multinational company, challenged the execution of eviction decrees on the ground that premises were exempt under Section 3(1)(b) of the Maharashtra Rent Control Act, 1999 – Held: The exemption is qua the premises let or sub-le...
Civil Law – Dismissal for Non-Prosecution – Counterclaim Proceeded – Appeal by Plaintiff Abandoned - Plaintiff failed to appear, resulting in dismissal of the suit for non-prosecution – However, defendant’s counterclaim for ₹1.68 crores was entertained as it was filed with appropriate stamp duty and supported by evidence – Held: Defendant permitted to proceed ...