Environmental Law – Protection of Delhi Ridge – Directions for Statutory Constitution and Functioning of DRMB – Supreme Court directs Ministry of Environment, Forest and Climate Change (MoEF&CC) to constitute the Delhi Ridge Management Board (DRMB) as a statutory body under Section 3(3) of the Environment (Protection) Act, 1986 – Earlier, DRMB functioned under court ord...
Land Acquisition – Employment in lieu of Acquired Land – No Statutory Right – Policy cannot override statute – Petitioner’s family land acquired in 1998 under the Land Acquisition Act, 1894; compensation paid at that time – Petitioner, born after acquisition, sought government employment in 2025 under a policy granting jobs to land-losers – Authorities and...
Civil Procedure – Settlement under Article 142 – Property Dispute – 33-Year Litigation – Dispute over ownership and possession of valuable properties at Sunder Nagar, Delhi – Multiple legal heirs, transfers, Wills, and agreements complicated ownership – Supreme Court, exercising powers under Article 142, appointed Hon’ble Mr. Justice (Retd.) Vipin Sanghi a...
Taxation Law - Customs and Excise – Debonding from 100% EOU – Payment of Duty – Use of CENVAT Credit – Respondent EOU paid countervailing duty using accumulated CENVAT credit at the time of debonding from EOU scheme – Department contended such duty must be paid in cash under Section 28 of the Customs Act and Rule 3(4) of CENVAT Credit Rules – Tribunal relied on ...
Civil Law – Rejection of Plaint – Jurisdiction Barred by Special Statute – Suit involving investor’s grievance against registered stockbroker for alleged non-delivery of shares and wrongful debit – Held: SEBI Act, 1992 provides a complete adjudicatory mechanism, including appointment of adjudicating officer under Section 15-I – Civil Court jurisdiction expressly...
Succession – Challenge to Will – Thumb Impression Found Forged – Plaintiff (natural heir) challenged a Will dated 08.08.1985 allegedly executed by deceased mother Smt. Shanti Devi in favour of three sons – First appellate court allowed production of handwriting expert's report under Order XLI Rule 27 CPC – Expert opined that thumb impression on Will did not match ...
Arbitration – Applicability of 1996 Act – Arbitral proceedings initiated by Government of India on 4 April 1996 after the commencement of the Arbitration and Conciliation Act, 1996 – Arbitral tribunal wrongly proceeded under the 1940 Act – Held: 1996 Act clearly applies as per Section 21 and Section 85(2)(a) – Liberty Order allowing filing under Section 34 attained fi...
Hindu Law – Women’s Property – Section 14(1) Hindu Succession Act – Absolute Ownership – Bellamkonda Hanumayamma, widow of Veeraiah, possessed her husband’s estate from 1941 and executed registered gift deeds (Exs. B-9, B-16 to B-19) in 1983 in favour of her nieces (Putti Seetharavamma and sons). Held: She was in continuous possession for over four decades&mdash...
Tenancy Law - Lease Rent Demand – One-time Lease Rent – Delay in Payment – Petitioner deposited one-time lease rent equivalent to 11 annual instalments on 08.01.2007 in accordance with prevailing GNIDA policy – Lease rent was payable by 16.01.2007, and payment made on 08.01.2007 was within the stipulated period – Held: There was no default attracting penal consequence...
Partition Suit – Validity of Release Deeds – Family Settlement – Fresh Preliminary Decree Passed – Challenge to concurrent findings of Trial Court and High Court upholding partition claim of plaintiffs – Appellants (LRs of Defendant No. 5) contended that plaintiffs’ brothers (Plaintiff No. 2 and Defendant No. 3) had relinquished their shares via registered relea...