Property Law – Competing Sale Deeds – Section 48, TPA & Section 47, Registration Act – Plaintiffs’ son purchased Plot No.454 in 2003 under registered sale deed from Vasudha Real Estate through its Managing Partner – Defendants relied on later sale deeds of 2004 & 2010 – Court held earlier sale deed prevails – Subsequent deeds invalid due to want of...
Insolvency and Bankruptcy Code – Section 7 – Insolvency and Bankruptcy Code – Homebuyers as Financial Creditors – Speculative Investor – Appellants (Mansi Brar Fernandes and Sunita Agarwal) had invested in real estate projects under MoUs containing buyback clauses and assured returns – NCLT admitted their Section 7 IBC applications treating them as homebuyers/fi...
Legal Metrology – Search and Seizure – Procedural Violations – Quashing of Notices – Appeal Allowed.
Search and Seizure – Legal Metrology Act, 2009 – Appellant (ITC Limited) challenged seizure of 7,600 pre-packed notebooks from its warehouse by Legal Metrology officials for alleged violation of Rule 24(a) of the Legal Metrology (Packaged Commodities) Rules, 2...
Coal Policy – Interim Pricing Post-Auction – Background and Challenge – Policy Upheld – After the e-auction system was held unconstitutional in Ashoka Smokeless, CIL issued the Interim Coal Policy dated 15.12.2006 imposing a 20% price hike for non-core sector consumers through linkage – Respondents challenged the policy as arbitrary and sought refund of excess payment...
Waqf Amendment Act, 2025 – Constitutional Challenge – Interim Relief Denied – Multiple petitioners challenged constitutional validity of provisions of Waqf (Amendment) Act, 2025 alleging arbitrariness, discrimination, and infringement of fundamental rights – Supreme Court rejected prayer for stay of entire statute but granted limited interim relief in respect of certain pro...
Civil Law - Limitation – Section 5 – Second Appeal by State Instrumentality – High Court condoned delay of 3966 days – Phrase “within such period” in Section 5 construed – Held: “within such period” covers the entire continuum from the date limitation starts running until the actual date of filing, not merely the period after expiry – Del...
Tenancy Law - Civil Revision – Eviction Orders under East Punjab Urban Rent Restriction Act, 1949 – Sham Sale Transaction – Revisions Allowed – The petitioners-tenants challenged concurrent eviction orders passed by the Rent Controller and the Appellate Authority on grounds of bona fide requirement and ceased occupation under Section 13-B of the East Punjab Urban Rent Restr...
Family Law - Marriage – Validity of Hindu Marriage – Section 7 of the HMA – Appeal dismissed – Husband sought declaration that marriage was void on ground that Saptapadi was not performed – Held: Section 7(1) allows solemnisation of marriage as per customary rites of either party, without mandating Saptapadi in all cases – Sub-section (2) applies only if Saptapa...
Public Interest Litigation – Deaths in Beggars’ Home due to Cholera – Article 21 – Constitutional Violation Established – Appellant filed a PIL after media reports revealed deaths and illness of several beggars due to contamination in drinking water at Lampur Beggars’ Home – Authorities failed to ensure sanitary conditions and misrepresented facts – ...
Taxation Law - Income Tax Act – Scope of Rectification under Section 254(2) – Subsequent Decision Not a Ground – The ITAT had originally allowed the assessee’s appeal, holding the amendment to Explanation 5 of Section 43B to be prospective – Revenue sought rectification based on subsequent Supreme Court ruling in Checkmate Services Pvt. Ltd. – Held: The decision...