Civil Law - Partition Suit – Identity of Deceased Ancestor – Discrepant Names in Records – Identity Confirmed – Dispute arose over whether Baroda Mondal and Baroda Prasad Mondal were the same person—Appellants claimed two different persons; respondents claimed singular identity—Held: Cumulative circumstantial evidence including consistent paternal link, common a...
Arbitration and Land Acquisition – Solatium under Section 23(2) of Acquisition Act – Scope of Section 37 of Arbitration Act – Appeals Dismissed – Petitioners sought inclusion of solatium in compensation for land acquired under the Highways Act – Held: Though solatium is statutorily payable after the striking down of Section 3J in Tarsem Singh, neither the arbitral awa...
Civil Law – Ad Interim Injunction - Tender Process – Swiss Challenge Method – Validity Upheld – Plaintiff Challenged Debt Assignment Notice – Swiss Challenge Method Recognised by Law – Court Held: RBI Master Circular and precedent in Ravi Development v. Shree Krishna Prathisthan support the method – Selection of Anchor Bidder not required to be disclosed &...
Civil Law - Partition Suit – Modification of Preliminary Decree – No Notice to Purchaser – Dismissal Upheld – Preliminary decree defining co-sharers' shares passed in 1979 – After death of a co-sharer in 1993, another co-sharer sold disputed share without seeking court modification – Application to recall 2012 order modifying decree rejected – Held: Le...
Civil Law - Court Fees – Partition Suit – Article 17(vi) vs. Section 7(iv)(b) of the Court Fees Act – Fixed Court Fee Payable – Defendant no.2 sought rejection of plaint arguing plaintiff was not in possession and must pay ad valorem court fee – Plaintiff, as Class II heir, pleaded constructive possession and cited tenancy in one of the properties – Held: Plaint...
Civil Law – IBC - Moratorium under IBC – Bar on Institution of Proceedings – Section 14 of IBC – Suit Filed During Moratorium Held Non Est – The respondent instituted a suit for declaration, possession and rent recovery against the applicant company during the moratorium period imposed under Section 14 by the NCLT – Held: The suit was filed on 21.01.2022 during ...
Service Law – Withdrawal of Appointment – Arbitrary Action – Appointment Upheld – Petitioners were selected for the post of Producer at EMMRC, BBAU and issued formal offer letters dated 08.06.2018, which they duly accepted – University later withdrew the appointments via order dated 27.11.2019 citing procedural irregularities in the Selection Committee – Held: T...
Illegal Immigrants – Post-Sentence Detention – Continued Imprisonment Held Illegal – Petitioners challenged the detention of foreign nationals post-completion of sentence under the Foreigners Act—Court held: Any person, whether citizen or not, cannot be imprisoned beyond their sentence—Illegal immigrants must instead be housed in correctional homes/detention centres p...
Simultaneous Proceedings – Departmental Inquiry and Criminal Trial – Petitioners challenged the departmental inquiries initiated during the pendency of their respective criminal trials – Common witnesses in both proceedings cited as a reason for stay – High Court referred to Supreme Court precedents emphasizing that both proceedings can proceed simultaneously unless complic...
Motor Accident Claim – Compensation Assessment – Contributory Negligence and Quantum – Appeal Partly Allowed – Insurance Company contested MACT’s award of ₹4,53,047 on two grounds: improper apportionment of liability between two vehicles and excess compensation – Court held no contributory negligence was proved by insurer regarding second motorbike involved &n...