Civil Appeal – Tenancy Rights – Communidade Compromise – Dismissal of Appeal – The appellant, Communidade of Tivim, sought permission to enter into a compromise with tenants declaring bifurcation of land in a 60:40 ratio – Administrative Tribunal rejected the permission on grounds that it would effectively convert tenancy rights into full ownership rights, allowing no...
Family Law - Child Custody Dispute – Review Jurisdiction – Welfare of Child Paramount – Judgment Recalled - The petitioner-mother sought review of Supreme Court judgment transferring permanent custody of the minor child to the biological father, citing drastic deterioration in child’s mental health supported by psychological evaluations post-decision – The Court ackno...
Divorce – Irretrievable Breakdown of Marriage – Dissolution of Marriage Granted under Article 142 of the Constitution – Appellant-husband filed for divorce citing cruelty but failed to establish the allegations before the Family Court and High Court – Supreme Court, considering 16 years of separation, cessation of cohabitation, and acquittal of appellant in related criminal...
Labour Law - Employees’ Provident Fund – Clubbing of Establishments – Functional Integrality Justified – Authorities Clubbed Units for EPF Act Coverage – Appellant and Vindas Chemical Industries Pvt. Ltd. owned by related family members, operating from adjacent plots, with common management, shared administrative setup, common telephone, e-mail, website, financial int...
Service Law - Pension Reduction – Regulation 33 of Pension Regulations – Requirement of Prior Consultation – Decision Quashed – The appellant was compulsorily retired and granted only two-thirds pension without consulting the Board of Directors as mandated under Regulation 33 of the Pension Regulations, 1995 – Supreme Court held that prior consultation with the Board ...
Recovery Proceedings under SEBI Act – Liability to Pay Interest on Unpaid Penalty – Appeals Dismissed – The appellants, promoter-directors of a listed company, challenged SEBI’s recovery proceedings including attachment of accounts for non-payment of penalties imposed for insider trading violations – SEBI issued demand notices in 2022 with interest calculated from the...
Human Rights Violation – Compensation and Systemic Reforms – Disability Rights in Prisons – The Supreme Court examined the appeal by a disabled advocate who was falsely implicated, illegally arrested, and incarcerated without adequate medical care and reasonable accommodations – The Court upheld the enhancement of compensation to ₹5,00,000/- for custodial torture by polic...
Tenancy Law - Eviction Suit – Existence of Landlord-Tenant Relationship – Section 12(1)(e) of M.P. Accommodation Control Act – Eviction Decree Set Aside – The High Court set aside the eviction decree granted by the First Appellate Court which was passed on assumption of tenancy without written rent deed or receipts – Documentary evidence by appellant including driving...
Civil Law - Redemption of Mortgage – Limitation Period under Article 61 Limitation Act, 1963 – Suit for redemption not barred – The suit seeking redemption of usufructuary mortgage executed in 1969 was dismissed by the lower courts as time-barred—Held, limitation for redemption of mortgage accrues from the date when the right to redeem arises—Assignment of mortgage in...
RTI Disclosure – Applicability of Exemptions – SEBI's Fiduciary Duty – CIC Order Modified – Court held SEBI justified in denying information relating to internal file notings and correspondence on framing policies for appointment of Public Interest Directors (PIDs) under Section 8(1)(e) of RTI Act since such information is held in fiduciary capacity – Disclosure o...