Land Consolidation – Jurisdiction Under Section 42 – Petitioners challenged orders passed under Section 42, arguing improper handling of consolidation proceedings and non-compliance with previous orders – Court found that authorities improperly exercised jurisdiction beyond the scope of Section 42, which is limited to correcting clerical or arithmetical errors, and should not be ...
Civi Law - Rejection of Plaint – Order VII Rule 11 CPC – Cause of Action and Limitation – The Respondents sought to declare a judgment and decree as null and void on allegations of fraud – Held: The Plaint did not disclose any specific averments as to how the decree was obtained by fraud – Additionally, the cause of action to challenge the Agreements to Sell arose in ...
Motor Accident Compensation – Functional Disability – Self-Employed Victim – The claimant-appellant suffered severe injuries in a motor accident, leading to complete incapacitation – The Tribunal assessed permanent disability at 20%, while the High Court increased it to 100% – Held: The High Court correctly assessed the disability at 100%, as the appellant was unable ...
Civil Law - Execution of Decree – Fraudulent Transfer – Section 53, Transfer of Property Act – Judgment-Debtor's Transfer of Property Before Suit Filing – Held: Under Section 53 of the Transfer of Property Act, if a judgment-debtor transfers immovable property with an intent to defeat or delay creditors, such transfer is voidable at the creditor's option – Pet...
Civil Procedure – Discovery and Inspection – Order XI Rule 15 CPC – Right to Seek Inspection – The petitioners, plaintiffs in an eviction suit, filed an application under Order XI Rule 15 CPC seeking inspection of documents referred to in the written statement – The trial court rejected the application, stating that it was filed at a belated stage after the settlement...
Taxation Law - Admissibility of Additional Evidence – Rule 46A of the Income Tax Rules, 1962 – Tribunal's Action Justified – The appellant challenged the ITAT's refusal to admit additional evidence regarding a Will that was not presented during the assessment or CIT(A) stages – Held: Rule 46A conditions were not met, as no application for admitting new evidence was ...
Public-Private Partnership – Scope of Judicial Review – The High Court directed RPPL to reimburse Rs. 42 crores spent by the State and to deposit Rs. 15 crores in advance for future events – Held: Courts cannot interfere with contractual obligations voluntarily undertaken by parties in a public-private partnership unless there is an allegation of illegality, fraud, or arbitrarine...
Recruitment Process – Qualification Equivalence – Role of Employer – The High Court ruled that only candidates possessing a Diploma in Electrical Engineering were eligible, thereby setting aside the selection of candidates with a Diploma in Electrical and Electronics Engineering – Held: Equivalence of educational qualifications is primarily a matter for the employer to deci...
IBC - Personal Insolvency – Jurisdiction of Adjudicating Authority – The High Court quashed personal insolvency proceedings against the respondent (guarantor) on the ground that his liability as a personal guarantor had been waived – Held: Under the IBC, the adjudication of such issues is within the exclusive jurisdiction of the Adjudicating Authority (National Company Law Tribun...
Professional Misconduct - Advocate-on-Record – Duty of Care – Misrepresentation in SLP – An advocate-on-record filed an SLP concealing crucial facts about the appellant’s sentence, leading to wrongful interim relief – Held: An advocate-on-record is wholly responsible for verifying the correctness of petitions filed before the Supreme Court – Mere name lending wi...