Land Acquisition – Compensation – Exemplar Allotment by Beneficiary Body – Valid Basis – Enhanced – Supreme Court held that GIDC’s own allotment of nearby Plot No. 7/1 at ₹180/sq. mt. (1988) for commercial use is a valid exemplar for valuation of appellants’ acquired agricultural land – Allotment considered sufficiently proximate in time and locati...
Civil Writ - Auction of Property – Challenge under Revenue Code – Sale Already Finalized – Writ Dismissed – Petitioners defaulted on loans taken in 1998 – Ancestral house auctioned in 2010 – Despite liberty granted by earlier High Court order (in 2010) to challenge the sale, petitioners failed to pursue timely remedies under Rules 40–41 – Sale deed a...
Matrimonial Law - Divorce – Allegation of Venereal Disease – No Medical Evidence – Divorce Denied – Appellant alleged that respondent suffered from a communicable venereal disease but failed to provide diagnostic reports or subject her to medical examination – Ayurvedic records held insufficient – Held: Mere suspicion or stigma not enough; strict proof required ...
Criminal Law - Rape and Murder – Appeal against conviction – Circumstantial Evidence Based on CCTV Footage – Trial Court Conviction Set Aside – Accused charged with brutal rape and murder of a woman in a hotel courtyard, identified via CCTV – Trial court convicted based on secondary video evidence – High Court held that unverified DVDs used in trial lacked...
Civil Writ - Transport Law – Temporary Permit – Validity of Permit under Section 87(1)(c) – Petition Dismissed – Court held that while permit referred to both Section 87(2)(i) and public interest, the situation clearly fell under Section 87(1)(c) – Application dated 31.07.2023 deemed valid and revived by subsequent application dated 07.12.2024 – Held: Technical ...
Custom Law - Export Consignment Detention – Delay in Seizure Memo – Customs Act – Violation of Procedural Safeguards - Petitioner’s export goods detained since 13.01.2025 without seizure memo or panchanama – Court held that such detention without formal seizure for over two months was unjustified – Detention in violation of CBEC Circulars mandating action within...
Arbitration Law - Section 9 Arbitration Act – Maintainability Post Final Award – Petition Maintainable – Final Award Passed After Hearing Closed - Court held that merely because the final award was passed after the Section 9 petition was argued and reserved, the reliefs sought did not become infructuous – Reliefs under Section 9 may extend until enforcement of the award, es...
Execution of Arbitral Award – Incomplete Award Filed – Execution Petition Rejected – Maintainability Questioned - Petitioner's execution petition seeking enforcement of MSMED Council award was rejected as the award originally filed lacked signatures of all Council members, rendering it incomplete under Section 31 of the Arbitration Act – Held: No executable award was be...
Civil Law - Review Jurisdiction – Error Apparent on Record – Not Made Out – Review Rejected – Applicant (Assessee) sought review of earlier judgment alleging failure to consider seizure of documents and resultant delay in filing return under Section 139 – Court held: No error apparent on face of record; ITR being “non-est” was merely an obiter, not a concl...
Consumer Law – NCDRC Penalties – Scope of Interim Moratorium under IBC – The appellant, a real estate developer, failed to deliver possession of residential units to homebuyers, leading to multiple penalties by the NCDRC – The appellant, facing insolvency proceedings under Section 95 of the IBC, claimed that the execution of penalties should be stayed due to the interim mor...