Land Law - Urban Land Ceiling – Vesting and Possession – Requirement of Compliance with Section 10(5) and 10(6) of ULC Act – Validity of Possession through Panchnama – Repeal Act, 1999 – State's failure to establish actual possession – High Court's interference with Single Judge's finding unjustified.
Statutory Scheme – Vesting under Section...
Civil Law – Title Suit – Declaration and Possession – Appellants' claim over suit land based on court auction in 1970 followed by sale deed and continuous possession – Trial Court decreed in appellants' favour but High Court reversed citing lack of documentary proof of original assignment to Govindu – Supreme Court held appellants established continuous posses...
Civil Law - Land Dispute – Claim of Succession – Section 171 UPZA & LR Act – Relationship Not Established – Petitioner claimed inheritance rights over land previously held by Ruda Singh – Claimed to be nephew through maternal line – Court held: No reliable documentary or oral evidence was filed to establish familial relationship – Certificate from Gram...
Arbitration Law - Stock Broker Liability – Prior Written Instructions – NSE Regulations – Regulatory Requirement Not Mandatory in Civil Claims – Client challenged arbitral award citing lack of prior written instructions for trades – Held: Requirement for prior authorisation is regulatory, not determinative of civil liability –
Absence of authorisation can...
Civil Law - Contempt of Court - Insolvency Proceedings – Binding Effect of Approved Resolution Plan – Contempt for Continuing Tax Recovery – Petitioner alleged contemnors continued to pursue demands for pre-CIRP dues despite Supreme Court’s ruling in Ghanshyam Mishra – Court reaffirmed that claims not included in approved Resolution Plan stand extinguished under Secti...
Service Law – Recruitment to Academic Post – Relevant vs. Concerned Subject – Selection Not Interfered – Petitioner challenged appointment of selected candidate having Ph.D. in Botany for the post requiring Ph.D. in Horticulture – Court held: Selection Committee of subject experts considered Ph.D. thesis relevant (on African Marigold) and recommended appointment &ndas...
Civil Law – Commercial Suit - Jurisdiction – Commercial Suit Refiled Before Civil Court – Misuse of Procedure – Plaint Returned – Plaintiffs withdrew earlier commercial suit without liberty and refiled same cause before civil court adding non-related parties – Court held this was a deliberate attempt to bypass Commercial Courts Act – Only parties receiving...
Taxation Law – Transfer Pricing – International Transaction with Overseas Branches – Valid Reference to TPO – Petition Dismissed – Axis Bank contended that transactions between head office and foreign branches were not international transactions requiring ALP benchmarking – Held: In view of deeming fiction under Section 92F and judicial precedent, foreign branch...
Matrimonial Law - Divorce – Cruelty – False Allegations Against In-Laws – Suicide Threats – Divorce Decree Upheld – Wife alleged that her father-in-law outraged her modesty without filing any complaint – She also threatened suicide and made attempts to implicate husband and in-laws – Trial Court held these acts amounted to cruelty – Appellate Court c...
Consumer Law – Delay in Flat Possession – Refund with 9% Interest Upheld – Not 15% – Respondent was allotted a flat in 2010 but possession delayed despite full payment – Supreme Court upheld NCDRC’s direction for refund with 9% p.a. interest – Held: High Court’s enhancement to 15% excessive and unjustified – Refund must be reasonable, not punit...