Property Law – Co-Sharer’s Rights – Mutation Does Not Confer Title – Held: Mutation No. 2116 Declared Illegal – Plaintiffs sought declaration of ownership and possession over 16 Kanals of land – Defendants claimed rights through Mutation No. 2116, which was based on a 1977 sale deed – Court held that mutation entries do not create or extinguish title and c...
Labour Law - challenging termination - Judicial Review – Scope of review jurisdiction – Suppression of material evidence – The Corporation failed to disclose to the Labour Court that, in parallel proceedings before the MACT, it had admitted that the accident was solely caused by the negligence of a lorry driver—The High Court exercised its review jurisdiction to correct thi...
Civil Law - Arbitration – Scope of judicial interference under Section 30 of the Arbitration Act, 1940 – The appellant challenged the High Court’s order setting aside an arbitral award—Held: The High Court correctly intervened as the awarded claim of ₹68.15 lakhs was beyond the contractual scope and not based on actual damages, but speculative calculations—Courts ca...
Civil Law - Representative Suit – Locus Standi of Plaintiffs – Whether former students and rate-paying citizens can maintain a suit – The plaintiffs, claiming to be former students of Government Junior College, Tumkur, and rate-paying citizens, filed the present suit seeking declaration in favor of the State of Karnataka—Held: Since the State itself was a party to the earli...
Civil Law - Public Contracts – Mistaken bid submission – Whether enforceable – The appellant mistakenly quoted ₹1,569 instead of ₹1,569 crores in a high-value tender—BRO insisted on enforcing the erroneous bid and sought forfeiture of the bank guarantee—Held: The mistake was self-evident, and BRO’s insistence on proceeding with the bid lacked reasonableness&...
Environmental Law - Polluters Pay Principle – Continuing Liability – Section 24, 25 of the Water Act – Environmental Protection – Industrial Pollution – Government Responsibility – Compensation Directed – The court reiterated the absolute liability of polluting industries to compensate affected individuals until environmental damage is fully reversed &ndas...
Electricity Law - Electricity Tariff Rebate – Whether the appellants were entitled to a 25% rebate under the 1991 notification – The rebate scheme under the 1991 notification was rescinded on 31.03.1995, barring new applicants from availing benefits—Held: As the appellants received power connections after 31.03.1995, they could not claim benefits under the rescinded notific...
Civil Law - Stamp Duty – Whether an agreement to sell is deemed a conveyance under Article 25 of the Bombay Stamp Act, 1958 – The appellant contended that possession was retained as a tenant and not transferred under the agreement—Held: Possession of the property was already with the appellant, and the agreement did not alter his status as a tenant—However, since the agreem...
Civil Procedure – Rejection of Plaint – Order 7 Rule 11 CPC – Maintainability of Civil Suit Against Partition Proceedings – The petitioners sought rejection of the plaint contending that the suit challenging partition proceedings was barred under Section 158(2)(xviii) of the Punjab Land Revenue Act, 1887 – The respondents contended that the partition proceedings were ...
Motor Accident – Liability of Insurance Company – Principle of ‘Pay and Recover’ – The appellant-owner challenged the award on the grounds that his driver held a valid license verified before employment – However, the driver was found to lack a valid driving license at the time of the accident – Held: Following Supreme Court precedents, including Parminder...