RERA Jurisdiction – Complaint maintainability against unregistered projects – Jurisdiction of RERA upheld - Petitioners contended that in the absence of registration under Section 3 of the RERA Act, the authority could not entertain complaints – Held that Section 31 vests jurisdiction in RERA to entertain complaints even against promoters of unregistered projects – Further ...
Service Law – Removal From Service - Departmental Proceedings – Disagreement with Enquiry Report – Principles of Natural Justice – Removal Set Aside – Disciplinary Authority disagreed with the Enquiry Officer’s finding exonerating the petitioner without providing prior opportunity of hearing or disclosing tentative findings – Held: Such unilateral disagree...
Land Acquisition – Compensation Determination Date – Section 26(1) Proviso RFCTLARR Act – Appeal Allowed - The High Court fixed market value as on 01.01.2014, the date of RFCTLARR Act’s commencement – Held: This is contrary to Section 26(1) proviso which mandates that compensation must be determined with reference to the date of Notification under Section 11 – S...
Civil Law - Deemed Conveyance – Jurisdiction of Competent Authority under MOFA – Scope Limited – Upheld - Competent Authority under Section 11(3) of MOFA granted deemed conveyance over entire plot including area allotted to appellant – Held: Authority can issue certificate of deemed conveyance but cannot conclusively adjudicate title – Parties may seek civil remedy fo...
Arbitration Law - IBC vs Arbitration – Jurisdiction of MSME Council Post-Resolution Plan – Award Held Non-Executable – Appeal Allowed - MSME Facilitation Council passed an arbitral award in favour of the respondent after approval of a resolution plan under IBC that extinguished operational creditor claims – Held: Once a resolution plan is approved under Section 31 IBC, all ...
Civil Law - Compromise Decree – Validity – Order 23 Rule 3 CPC – Estoppel – Compromise Decree Upheld - Appellants challenged a consent decree claiming their father was coerced into compromising without their knowledge – Held: Once the Court is satisfied about the lawfulness of a compromise, the resulting decree is valid and operates as estoppel – Such a decree c...
Arbitration Law – Partial Setting Aside of Arbitral Award – Impermissible – Matter Remitted - Supreme Court held that the High Court erred by modifying the arbitral award instead of either upholding or setting it aside in entirety – Partially affirming and partially reversing the award, while leaving parties to pursue further claims, was beyond the court’s power...
Civil Law - Validity of Marriage – Arya Samaj Ceremonies – Presumption of Validity – Application Dismissed - The applicant contended that marriage with opposite party no. 2 performed at Arya Samaj Mandir was invalid and hence proceedings under Section 498A IPC were untenable – Court held that marriages performed as per Hindu rites (including Kanyadan, Panigrahan, and Saptap...
Civil Law - Partition Suit – Ancestral Property - Daughters and Their Heirs Entitled to Share – Ancestral Property – Decree Affirmed - Trial court held that plaintiffs (daughters and heirs of Late Sayanna) were entitled to 1/6th share in the ancestral property despite prior alienation to defendant – High Court upheld decree, applying amended Section 6 of Hindu Success...
Motor Accident Claim – Enhancement of Compensation – Delay in Filing Appeal – Appeal Allowed - The Supreme Court set aside the High Court’s judgment which had enhanced the compensation awarded by the Tribunal – Held: The MAC appeal filed by the minors (after attaining majority) was grossly delayed by nearly 8 years and not maintainable under law – Exemption unde...