Pre-emption – Co-sharer’s Right – Superior Right – Plaintiff proved to be co-sharer at time of sale and institution of suit – Suit land forming part of joint holding and not partitioned – Held: Co-sharer in unpartitioned land has superior right of pre-emption over vendee [Paras 5–7, 15–16].
Pre-emption – Gair Mumkin Bara – Section 5(b)...
Arbitration – Interim Measures – Section 9 – Attachment Before Judgment – Prima Facie Case Not Made Out – Appellant sought interim protection by attaching 1600 MT of rice and security deposit of USD 296,326.74 for demurrage claims under a charterparty agreement – Learned Single Judge vacated the ex parte order for attachment and directed return of security depos...
Public Auction – Highest Bid – Arbitrary Cancellation – Impermissibility – Industrial plot measuring 3150 sq. mtrs auctioned by Ghaziabad Development Authority through two-bid system – Appellant’s technical and financial bids accepted – Appellant declared highest bidder with bid 15.23% above reserve price – Auction subsequently cancelled on ground th...
Service Law – Post-Retirement Departmental Proceedings – Jurisdiction – Corporation initiated departmental enquiry and passed recovery order of ₹18,09,809/- against appellant nearly a year after his superannuation – No provision under 1992 Service Regulations permitting such enquiry post-retirement – High Court upheld action relying on Rule 110 of 1992 Regulations a...
Specific Performance – Validity of Power of Attorney – Ratification – Appellant entered agreement for purchase of co-owned land through unregistered POA holder of co-owner – Respondent executed later registered POA in favour of her son – However, she later executed an affidavit (Exh. A5) ratifying earlier POA and consenting to transfer – Held: Affidavit constitu...
Company Law – Condonation of Delay – Section 58(3), Companies Act, 2013 – Appeal Allowed – The Company Law Board (CLB), a quasi-judicial body operating between 12.09.2013 and 01.06.2016, lacked the power to condone delay in filing an appeal under Section 58(3) of the Companies Act, 2013 – Section 10E(4C) of the Erstwhile Companies Act, 1956, restricted the CLB's p...
Arbitration Law – Commencement of Arbitral Proceedings – Interim Protection – Appellant obtained ad-interim injunction under Section 9 of the Act on 17.02.2024 – High Court vacated injunction holding arbitration not “initiated” within 90 days under Section 9(2) read with Rule 9(4) of the 2001 Rules – Supreme Court held “commencement” under Sect...
Arbitration – Scope of Judicial Interference – Sections 34 and 37 of the Arbitration Act – Arbitral award granting idle time compensation for Backhoe Dredger (BHD) was upheld under Section 34 by Single Judge – Division Bench under Section 37 reversed award interpreting contract differently – Supreme Court held that appellate jurisdiction under Section 37 is narrower a...
Motor Accident Claim – Compensation – Assessment under Section 166 MV Act – Appellant injured in a motor accident originally claimed under Section 163A – Tribunal and High Court awarded Rs.2,12,800 and Rs.2,23,000 respectively – Supreme Court held that despite reference to Section 163A, pleadings and claim amount established the claim was under Section 166 – Hen...
Service Law – Recruitment Process – Retrospective Amendment of Rules – Impermissibility – Recruitment to the post of Assistant Engineer governed by Bihar Engineering Services Class–II Recruitment Rules, 2019 – Selection under 2019 Rules based solely on marks obtained in written examination – After completion of written examination and publication of provis...