Motor Accident Compensation – Enhancement of Award – Future Prospects Considered – The appellant suffered quadriplegia (100% disability) due to a motor accident and sought enhancement of the compensation awarded by the High Court – The Supreme Court found that the High Court erred in not considering future prospects while calculating loss of income – Held: Future pros...
International Arbitration – Conflicting Jurisdiction and Arbitration Clauses – Applicability of Indian Law – Arbitration in India Ordered – The petitioner sought appointment of an arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996, invoking Clauses 16.5 and 18 of the Distributor Agreement – The respondent contended that arbitration should tak...
Administrative Law – Auroville Foundation – Power of Governing Board – Validity of Standing Order Upheld – The appellant challenged the High Court's order setting aside Standing Order No. 01/2022, which reconstituted the Auroville Town Development Council – High Court erred in holding that the Residents’ Assembly had a legal right to nominate members to the ...
Public Interest Litigation – Locus Standi – Bona Fide of Petitioner in Question – The petitioner, an investigative journalist, sought cancellation of a contract awarded to MEIL on the ground that it submitted fraudulent bank guarantees from Euro Exim Bank, which is not recognized by the Reserve Bank of India – The respondents argued that the petitioner had a personal vendet...
Civil Law - Lease Renewal – Enforcement of Renewal Clause – Specific Performance Denied – The appellant sought specific performance of a lease renewal clause under a registered lease deed dated 01.04.1964, claiming entitlement to renewal for another 30 years commencing from 01.04.1994 – The appellant failed to issue legal notice to all defendants before instituting the suit...
Service Law - Pensionary Benefits – Parity with Regular Government Employees – The respondents, appointed under a temporary scheme, sought pension benefits equivalent to permanent government employees – The State contended that they were governed by the Contributory Provident Fund (CPF) Scheme and were not eligible for pensions – Held: The employees were entitled to pension...
Civil Law - Validity of Sale Deeds – Protection of Rustic Village Widows – Application of Legal Test – The appellant, an illiterate widow, alleged that the respondents fraudulently obtained four sale deeds from her under the pretext of executing a power of attorney – The trial court declared the sale deeds void due to misrepresentation, but the first appellate court reverse...
Land Acquisition – Sovereign Power of Eminent Domain – Private Settlement Impermissible – The appellant, a statutory board, challenged an arbitral award enforcing a private agreement that returned part of the acquired land to the original owner – The Supreme Court held that once land is acquired under the Land Acquisition Act, 1894, it vests absolutely in the Government and...
Motor Accident Compensation – Enhancement of Award – The claimants, legal heirs of the deceased, sought enhancement of the compensation awarded by the Motor Accident Claims Tribunal (MACT) and partially increased by the High Court – The Supreme Court found that the High Court underestimated the deceased’s income, failed to apply an appropriate multiplier, and did not adequa...
Writ Jurisdiction Against Private Banks – Function Test Applied – The respondent bank contended that it was a private entity and, therefore, not amenable to writ jurisdiction – The Court held that while a private scheduled bank may not be a state instrumentality, its obligation to allow depositors to withdraw their own funds is a public function governed by statutory regulations ...