Land Acquisition – Valuation – 2013 Act to Apply Despite 1894 Initiation – Compensation Recalculated – Although reference was made under Section 18 of the 1894 Act, since no award had been made when the 2013 Act came into force, the provisions of the 2013 Act applied as per Section 24(1)(a) – Held: Market value to be assessed as per highest pre-notification sale deed ...
Civil Law – Injunction - Personality and Publicity Rights – Unauthorized Use of Celebrity Name – Interim Injunction Upheld – Respondent No.1, a well-known filmmaker and media personality, sought to restrain the Appellant from using his name “Karan Johar” in the title and promotional content of a film without consent – The Court found prima facie that the A...
Civil Law - Coparcenary Rights of Daughter – Applicability of Section 6, Hindu Succession Act – Partition Sought by Daughter – Upheld – The daughter, born before the 2005 amendment to the Hindu Succession Act, sought partition of ancestral property acquired by her father through a registered partition deed dated 04.02.2004 – Held: Since no partition took place between...
Rent Control – Claim of Tenancy and Deposit of Rent – Scope of Section 30(1), U.P. Rent Act – Petition Dismissed – Respondent No.3 filed an application under Section 30(1) claiming tenancy and sought to deposit rent after alleged refusal by landlord – Petitioner objected denying tenancy and ownership – Trial Court allowed the deposit at claimant’s risk and...
Commercial Law – Rejection of Plaint – Order VII, Rule 11, CPC – The petitioner filed an application under Order VII, Rule 11, CPC, contending that the suit was barred by territorial jurisdiction as per the agreement between the parties – The trial court rejected the application, holding that the plaint disclosed a cause of action and was not barred by any law – Held:...
Taxation Law - International Taxation – Transponder Services – Definition of “Royalty” under DTAA and Domestic Law – Matter Remanded – The appellant sought to contest the withholding tax obligation on payments to Intelsat Corporation for transponder services, arguing the payments did not amount to "royalty" under Article 12 of the India-USA DTAA &ndash...
Civil Suit – Suo Motu Dismissal of Declaratory Relief – Improper Exercise of Appellate Jurisdiction – Appeal Allowed – The High Court, while hearing an appeal against denial of interim relief, dismissed plaintiffs’ substantive declaratory prayers based on unregistered agreements under Section 49 of the Registration Act – Held: The High Court could not have summa...
Environmental Law – Sand Mining – Mandatory Nature of Valid District Survey Report (DSR) – Appeals Dismissed – The State of U.P. and LOI holders challenged NGT’s order quashing e-auction notice dated 13.02.2023 for sand mining in Saharanpur due to lack of a valid DSR – Supreme Court upheld NGT’s view that a draft DSR cannot form the basis for environmental...
Motor Accident Claim – Enhancement of Compensation – Syme’s Amputation – Appeal Allowed – Appellant suffered permanent disability due to a road accident and initially awarded Rs. 12.65 lakhs by the High Court – Supreme Court reassessed evidence, enhanced income estimation, and awarded Rs. 17,06,486/- with 9% interest per annum – Detailed reassessment inclu...
Administrative Law – Concealment of Facts – Abuse of Process – Petitioner challenged resumption order and appellate authority's decision – Previously filed writ petition on the same issue was dismissed on merits – Petitioner failed to disclose this fact in the current petition – Court held non-disclosure amounts to abuse of process and misrepresentation, lea...