Real Estate Law – RERA – Delay in Possession – Statutory Interest – Mandatory Obligation – Allottee did not withdraw from project despite delay – Proviso to Section 18(1) of RERA Act mandates that promoter shall pay interest for every month of delay till handing over possession – Obligation is automatic and not contingent upon demand by allottee – Pr...
Labour Law - Factories Act, 1948 – Overtime Wages – Interpretation of “Ordinary Rate of Wages” – Inclusion of Allowances – Appeals by Union of India challenging judgment of Madras High Court setting aside CAT order – Core issue whether compensatory allowances like HRA, TA, CWA and SFA form part of “ordinary rate of wages” under Section 59(2) &n...
Civil Writ - Natural Justice – Opportunity of Hearing – Revision Dismissed for Non-Appearance – Impugned order passed by Additional Commissioner dismissing OSS Case without hearing the petitioner – Petitioner contended absence of notice and denial of opportunity – Held: Order passed without hearing violates principles of natural justice and cannot be sustained [Paras ...
Arbitration – Subsequent Legislation – BOCW Act and Welfare Cess Act – Reimbursement of Cess – Batch of appeals arising out of arbitral awards between NHAI and contractors – Core issue whether BOCW Act, 1996 and Cess Act, 1996 could be treated as “subsequent legislation” under Clauses 14.3 and 70.8 of NHAI contracts – Arbitral tribunals held that lia...
Civil Law - Power of Attorney – Sale Deed – Fraud and Collusion – Loan Transaction Disguised as Sale – Plaintiff pleaded that power of attorney and earlier sale agreement were executed only as security for a loan of Rs.5,00,000/- – Power agent cancelled earlier agreement and executed sale deed in favour of third defendant without plaintiff’s knowledge – Mu...
Tenancy Law - Landlord–Tenant – Forfeiture of Tenancy – Denial of Title – Claim of Adverse Possession – Section 111(g) Transfer of Property Act – Tenant issued notice claiming ownership on basis of alleged oral gift and alternatively adverse possession – Tenant disputed title of landlord’s vendor and asserted that proposed sale would not confer title...
Writ Jurisdiction – Delay and Disputed Facts – Article 226, Constitution of India – High Court Erred – High Court entertained a writ petition filed after a gross and unexplained delay of over 10 years, involving seriously disputed questions of fact, despite previous similar litigation being withdrawn – Such belated petitions with disputed facts are generally not maint...
Service Law – Police Personnel – Unauthorized Absence – Removal from Service – Judicial Review – Petitioner, a PAC Constable, removed from service for unauthorized absence of 160 days after departmental inquiry – Appellate and revisional authorities affirmed removal – Writ petition challenged legality of punishment, inquiry findings and proportionality [Pa...
Vehicle Requisition – Hire Charges – Non-payment by State – Petitioner’s Maruti Van requisitioned by police authorities for maintenance of law and order under Assam Requisition and Control of Vehicles Act, 1968 – Hire charges payable as per Government Notification dated 06.02.2014 – Bills raised for multiple periods during 2022–2023 – Outstanding amo...
Specific Performance – Second Appeal – Scope under Section 100 CPC – High Court reiterated that interference in second appeal is permissible only when findings of the First Appellate Court are perverse, based on no evidence, inadmissible evidence, or contrary to settled principles of law – Reappreciation of evidence not permissible [Paras 16, 31].
Specific Perf...