Banking Law - Recovery suit by bank - Limitation – Cash Credit Facility – Part-Payments – Section 19, Limitation Act – Fresh Period of Limitation – Commercial Court dismissed bank’s recovery suit holding it barred by limitation by reckoning limitation from expiry of original sanction period – Statement of account revealed multiple part-payments within limi...
Telegraph Act – Compensation for Surface Damage – Limitation – Respondent accepted assessed compensation in 1999 – Claim petition for enhancement filed in 2006 after 7 years – Specific plea of limitation taken in written statement – Held, limitation goes to the root of jurisdiction – Even if not framed, Court bound under Section 3 of Limitation Act to cons...
Arbitration – Section 11 – Existence of Arbitration Agreement – Flat purchase agreements between Developer and individual flat purchasers contained identical arbitration clauses – Flat purchasers subsequently formed Cooperative Housing Society – Society challenged gift deeds in favour of Temple Trust and denied privity to arbitration agreement – Held, prima faci...
Unauthorized Structure – Public Street – Section 314 BMC Act – Appellant sought injunction restraining demolition of structure allegedly existing since 1986 – Structure found situated on municipal footpath/public street – No permission or approval from BMC – Held: Encroachment on public street can be removed without notice under Section 314 – Action lawful...
Land Reforms – Conversion – Section 4C WBLR Act – Maintainability dependent on status of applicant – Petitioner applied under Section 4C for conversion of 14.33 acres for residential/commercial use – DL & LRO rejected holding petitioner a “lessee” under Section 4B WBLR Act and not entitled to seek conversion reserved for “raiyats” – C...
Urban Development Law – Revision under Section 41(3) of U.P. Urban Planning and Development Act – Maintainability against demand notice – Demand notice quantifying liability and threatening coercive action held to be a final order – Revision maintainable – Power of State Government under Section 41(3) is wide enough to examine legality and propriety of such demand &nd...
Writ Jurisdiction – Termination of Contract under Risk and Cost – Scope of Judicial Review – PWD Road Work – Contractor sought quashing of termination order alleging defective estimate, change in site conditions, requirement of additional retaining walls, rigid pavement and shifting of electric posts – Held: After executing contract with full knowledge of scope of wor...
Sports Governance – Applicability of S. Nithya directions to Cricket Associations – High Court applied directions mandating 75% eminent sportsperson membership and sports-person-only office bearers to District Cricket Association – Supreme Court held that S. Nithya arose in context of athletics governance and National Sports Code and cannot automatically extend to cricket associa...
Motor Accident Compensation – Appeal by Insurer – Dismissal Without Merits – Tribunal awarded ₹2,72,03,416/- to 22-year-old claimant with 100% functional disability – Insurer’s first appeal dismissed by High Court solely on ground that local manager had given undertaking before Executing Court to satisfy award – No adjudication on merits – Held: Undertak...
Judicial Review – Disposal on Single Point – Duty to Decide All Material Issues – High Court remanded matter to Tribunal solely on issue of authorization of Secretary to initiate disciplinary proceedings – Failed to consider other substantial issues including breach of natural justice and justification of Tribunal’s findings – Held: When multiple issues arise, C...