Attachment Before Judgment – Existence of Prima Facie Claim and Threat of Alienation – Order 38 Rule 5 & 6 CPC – Appeal Dismissed – The appellant, a landowner and developer, challenged the order of the Special Commercial Court making absolute an attachment before judgment of 2.5 acres of land – The plaintiff/respondent, a marketing agent, filed the suit claiming r...
Civil Law - MSMED Act – Limitation Act Applicability – Conciliation and Arbitration Proceedings – Section 18 MSMED Act – Partial Applicability of Limitation Law – Supreme Court held Limitation Act applies to arbitration under Section 18(3) MSMED Act, preventing recovery of time-barred claims through arbitration – However, Limitation Act does not apply to concili...
Civil Law - General Power of Attorney (GPA) – Validity of Registration – Sections 32, 33, 34, and 35 of the Registration Act, 1908 – Appeal Allowed for Reconsideration - The appellants challenged the validity of the General Power of Attorney dated 15.10.1990 and the sale deeds executed by the attorney-holder on behalf of the original owners – The Supreme Court examined whet...
Specific Performance – Agricultural Land – Specific Performance Upheld with Additional Payment – Dispute arose from Agreement to Sell dated 08.10.2001 concerning over 9 acres of agricultural land where seller failed to execute sale deed – Plaintiffs claimed readiness and willingness but faced challenge from third party alleging fraud and possession – Trial Court, Firs...
Motor Accident Compensation – Negligence – Section 166 of the Motor Vehicles Act – Negligence of Truck Driver Affirmed – The Tribunal and High Court found the truck driver negligent based on FIR and earlier claim petition judgments – The Supreme Court upheld these findings, rejecting the Insurance Company's argument that the car driver was responsible – Held...
Motor Accident Compensation – Principle of Pay and Recover – Section 166 of Motor Vehicles Act – Appeal Allowed – The appellants, legal representatives of the deceased, challenged rejection of insurer’s liability to pay compensation due to the status of the deceased as gratuitous passenger and non-payment of premium for such coverage – The Supreme Court held tha...
Succession Law – Section 63 of the Indian Succession Act – Will Dispute - Suspicious Circumstances – Proof of Free Disposing Mind – Appeals Dismissed – The appellant, propounding a Will executed by his deceased uncle Maya Singh, was granted decree of ownership of suit land by the Trial Court and First Appellate Court – High Court reversed concurrent findin...
Civil Law - Inheritance Rights of Tribal Women – Right to Equality under Constitution – Sections 2(2) of the Hindu Succession Act and Section 6 of the Central Provinces Laws Act, 1875 – Appeal Allowed – The Supreme Court allowed the appeal of the legal heirs of a tribal woman, overturning the concurrent findings of the Trial Court, First Appellate Court, and High Court whic...
Disciplinary Proceedings – Continuation Despite Acquittal in Criminal Trial – Scope Clarified – Petitioner, a Junior Language Teacher, challenged disciplinary proceedings on the ground of acquittal in criminal trial involving POCSO charges—Court held that departmental proceedings are governed by preponderance of probabilities and not by strict criminal law standards—H...
Contempt of Court – Breach of Undertaking – Advocate's Wilful Disobedience – Serious Misconduct – Sentence of Imprisonment Awarded – The contemnor, a practicing lawyer, continuously disobeyed eviction orders passed by the High Court and affirmed by the Supreme Court, deliberately breached his undertaking to vacate the premises within the stipulated period, and eng...