Service Law - Disciplinary Enquiry – Non-compliance with Statutory Procedure – Inquiry Held Vitiated – No Witness Examined – The enquiry against the respondent was conducted without examining any witnesses or proving documents relied on in the chargesheet – The Enquiry Officer solely relied on the chargesheet and reply of the delinquent officer – Held: Such enqu...
Land Acquisition – Compensation - Valuation of Orange Trees – Income Capitalization Method Applied – Award Modified – Court rejected the valuer’s report for lacking scientific backing and uniform data reuse across cases – Compensation revised to ₹2,700 per orange tree (including wood value) based on government circulars and adjusted yield rate – Total co...
Motor Accident Compensation – Review of Judgment – Income Estimation – Review Rejected – Respondents sought review of judgment reducing compensation from ₹2.23 crore to ₹49.29 lakh, arguing court ignored proven U.S. tax returns showing income of $97,500 – Held: Court had already evaluated ITRs and found that figure merely reflected social security ceiling, not act...
Land Acquisition – Discriminatory Deletion – Articles 14 and 21 – Acquisition Upheld – The appellants alleged arbitrary and discriminatory deletion of lands from final acquisition without proper justification or uniform criteria – Court held the deletions were made on legitimate grounds including built-up areas, green zones, and government utility purposes – No ...
Civil Law - Order XXXIX Rule 2A CPC – Scope and Object – Not Merely Punitive – Provision primarily intended to ensure compliance with interim orders passed under Order XXXIX Rules 1 and 2 – Court has discretion to opt for attachment of property or detention of violator or both depending on circumstances – Not mandatory to impose punishment in every case – Order ...
Civil Law - Lease vs License – Determination of Nature of Document – Lease Deed Upheld – The appellant contended that the 1945 document (Exhibit P/35) was a license and not a lease – Court applied the intent test laid down in Delta International Ltd. v. Shyam Sundar Ganeriwalla, (1999) 4 SCC 545 and held that the document conveyed possessory rights and interest with exclusi...
Civil Law - Stamp Duty – Refund on Security Deposit – Misapplication of Article 35(c) – Refund Ordered – Petitioner entered into a sub-lease and paid refundable security deposit of ₹1.61 crore – Registering authority included this amount as consideration and levied excess stamp duty under Article 35(c) – Held: Refundable security deposit is not ‘money ad...
Civil Law - Arbitrability of Land Mutation Disputes – Civil Suit Referred to Arbitration – Challenge Dismissed – Petitioners challenged order of Civil Judge allowing application under Section 8 of the Arbitration and Conciliation Act referring mutation dispute to arbitration – Held: Dispute arises from a Memorandum of Settlement containing valid arbitration clause – S...
Child Custody – Habeas Corpus – Foreign Custody Order – Enforcement Directed – The biological mother sought custody of her Canadian minor child retained by father in India in defiance of Ontario Family Court order dated 13.11.2024 – Held: The retention is illegal, child's Indian VISA has expired, and father's actions amount to forum shopping – Repatriati...
Civil Law - Contempt Proceedings – Non-payment of Arrears – Civil Contempt Established – Despite clear directions issued by the Supreme Court on 07.11.2022 for payment of arrears and monthly occupation charges, respondent failed to comply – Wilful and deliberate disobedience established by continued possession and benefit without payment [Paras 1-13, 19-23, 29-30].
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