Land Acquisition Compensation – Differential Award Between Adjacent Villages – Parity Upheld - High Court awarded higher compensation for Fazalwas over Kukrola despite both villages having similar locational and developmental advantages – Held: The Supreme Court ruled that such differentiation lacked evidentiary support and violated principles of equity and fairness – Compe...
Motor Accident Compensation – Functional Disability – Amputation and Deformity – Compensation Enhanced - The appellant, a watchman by profession, suffered a below-knee amputation and deformity in the right hand due to a vehicular accident – Tribunal assessed 55% disability; High Court affirmed – Supreme Court held that 80% functional disability was justified in view o...
Civil Law - Contempt of Court – Sub Judice Principle – Freedom of Speech vs. Judicial Sensitivity – Take-Down Order Set Aside – The Supreme Court quashed the Delhi High Court’s interim order directing Wikimedia Foundation to take down certain Wikipedia pages and discussion threads commenting on a pending defamation suit – Held: There was no real or substantial r...
Civil Procedure – Rejection of Plaint – Order 7 Rule 11 CPC – Petition Dismissed – The petitioner sought rejection of the plaint on grounds of vague and insufficient averments regarding the claimed freight charges and services rendered – Trial court rejected the application holding cause of action disclosed in plaint and documents – Held: While examining Order 7...
Civil Suit – Permanent Injunction – Religious Use and Long-standing Possession – Appeal Dismissed – Plaintiff sought injunction restraining interference in use of open site (Asharkhana) for annual religious practice on Milad-un-Nabi – Trial court partially granted relief; Appellate court decreed suit entirely – Held: Continuous performance of religious rituals a...
Civil Law - Tender Cancellation – Judicial Review – Scope of Interference – Court held that in matters relating to tenders and contracts, judicial review is limited to checking arbitrariness, mala fide, and public interest – Unless mala fides or illegality is proved, administrative decisions like retendering cannot be interfered with by Courts [Paras 12-19].
Right to Can...
Taxation Law - Sales Tax – Purchase from Exempt Dealers – Liability of Purchaser – Upheld – The appellants contended that purchase tax under Section 5A of the Kerala Act and Section 7A of the Tamil Nadu Act was not payable when the seller was exempt from sales tax – The Court held that these sections are independent charging provisions and purchase tax is leviable on ...
Human Trafficking – Legislative Gaps – Call for Robust Framework – The Supreme Court questioned whether the new provisions under BNS and amendments to the NIA Act sufficiently address the complex and growing issues of CSE and CEHT, noting that several critical provisions (Sections 96, 98, 99 BNS) remain outside the NIA’s investigative purview – The Court sought clarif...
Service Law - Termination of Contractual Employees – Participation in Protest – Order Quashed - Petitioners were disengaged from Class-IV contractual posts for alleged participation in protest without permission – Court held that the discharge orders lacked due process, including opportunity of hearing or show cause – Termination held unsustainable [Paras 1–6, 14&ndas...
Tenancy Law - Thika Tenancy – Interpretation of Documentary Evidence – Declaration of Thika Tenancy Upheld – The plaintiffs claimed rights as thika tenants over a property comprising 21 rooms based on tenancy of their predecessor Khalil Choudhury – Defendants claimed ownership by purchase deeds and will – Trial Court dismissed suit holding Khalil was not a thika tenan...