Civil Law - Public Contracts – Mistaken bid submission – Whether enforceable – The appellant mistakenly quoted ₹1,569 instead of ₹1,569 crores in a high-value tender—BRO insisted on enforcing the erroneous bid and sought forfeiture of the bank guarantee—Held: The mistake was self-evident, and BRO’s insistence on proceeding with the bid lacked reasonableness&...
Environmental Law - Polluters Pay Principle – Continuing Liability – Section 24, 25 of the Water Act – Environmental Protection – Industrial Pollution – Government Responsibility – Compensation Directed – The court reiterated the absolute liability of polluting industries to compensate affected individuals until environmental damage is fully reversed &ndas...
Electricity Law - Electricity Tariff Rebate – Whether the appellants were entitled to a 25% rebate under the 1991 notification – The rebate scheme under the 1991 notification was rescinded on 31.03.1995, barring new applicants from availing benefits—Held: As the appellants received power connections after 31.03.1995, they could not claim benefits under the rescinded notific...
Civil Law - Stamp Duty – Whether an agreement to sell is deemed a conveyance under Article 25 of the Bombay Stamp Act, 1958 – The appellant contended that possession was retained as a tenant and not transferred under the agreement—Held: Possession of the property was already with the appellant, and the agreement did not alter his status as a tenant—However, since the agreem...
Civil Procedure – Rejection of Plaint – Order 7 Rule 11 CPC – Maintainability of Civil Suit Against Partition Proceedings – The petitioners sought rejection of the plaint contending that the suit challenging partition proceedings was barred under Section 158(2)(xviii) of the Punjab Land Revenue Act, 1887 – The respondents contended that the partition proceedings were ...
Motor Accident – Liability of Insurance Company – Principle of ‘Pay and Recover’ – The appellant-owner challenged the award on the grounds that his driver held a valid license verified before employment – However, the driver was found to lack a valid driving license at the time of the accident – Held: Following Supreme Court precedents, including Parminder...
Maintenance and Welfare of Parents and Senior Citizens Act, 2007 – Eviction of Son-in-law – Definition of Children – The appellant, being the son-in-law of respondent No.3, challenged the eviction order passed under Section 23 of the Act of 2007, arguing that he does not fall under the definition of “children” or “relative” as per Sections 2(a) and 2(g) &n...
Motor Accident Compensation – Applicability of Exchange Rate – Whether Compensation Should Be Computed at Exchange Rate on Date of Accident or Date of Claim Petition – Held: Date of Claim Petition – The deceased, a U.S. resident, earned $11,600 per month – The High Court applied an exchange rate of the accident date (2009), reducing the compensation – Held: As p...
Education Law – Appointment of Chancellor – Requirement of Approval from the Visitor – No Deemed Approval – The appellants contended that the appointment of the Chancellor was valid despite the lack of express approval from the Visitor (Governor of Meghalaya), relying on the doctrine of "deemed approval" – Held: The provisions of the CMJ University Act, 2009...
Contract Law – Breach of Reciprocal Contractual Obligations – Entitlement to Refund – The appellant was allotted land by HUDCO for a 5-star hotel project but defaulted on further payments, leading to cancellation and forfeiture of ₹28.11 crores – The appellant claimed that HUDCO breached its reciprocal obligations by failing to execute the required approvals and sub-lease...