Arbitration – Enforcement of Domestic Award in International Commercial Arbitration – Jurisdiction – Special Appeal challenging Single Judge’s order rejecting objection to maintainability of execution application before High Court – Held: Award in question is domestic though arising from international commercial arbitration with seat in India – As per Section 2(...
Service Law – Termination – Misconduct – Embezzlement by Bus Conductor – Enquiry Valid – Respondent conductor was terminated after being found guilty of collecting fare from 22 passengers without issuing tickets – Enquiry conducted and show cause notice issued – Personal hearing afforded – High Court held that mere non-examination of passengers is no...
Limitation – Delay Condonation – Exercise of Discretion – Delay of 1612 days in filing appeal condoned by High Court without assigning cogent reasons – Supreme Court holds such condonation contrary to settled law – Reliance placed on Union of India v. Jahangir Byramji Jeejeebhoy and Shivamma v. Karnataka Housing Board – Remand directed for fresh hearing [Paras 6...
Specific Performance – Execution of Decree – Delay in Filing Execution Petition – Trial Court decreed suit for specific performance directing execution of sale deed within two months on payment of balance consideration – Execution petition filed after expiry of two months and balance consideration deposited subsequently in instalments – High Court held decree inexecut...
Administrative Law – Creation and Naming of Revenue Villages – Notification Quashed – State Government issued notification under Section 16 of Rajasthan Land Revenue Act creating Revenue Villages ‘Amargarh’ and ‘Sagatsar’ – Names found to be derived from private individuals (Amarram and Sagat Singh) who had donated land – Held: Notification vio...
Arbitration – Patent Illegality – Jurisdiction of Appellate Court under Section 37 – Arbitral award in favour of contractor upheld by Commercial Court – High Court reversed award citing patent illegality – Supreme Court held: Interference under Section 37 must be within the limited scope of Section 34 – Re-appreciation of facts or alternative interpretation of e...
Transfer of Property Act, 1882 – Section 52 – Code of Civil Procedure, 1908 – Section 47, Order XXI Rules 89, 90, 92, 99-104 – Limitation Act, 1963 – Articles 127, 128 – Doctrine of Lis Pendens – Bar to Separate Suit – Remedies in Execution – Pendente Lite Transferees – Maintainability of Suit – Substantial Justice – Supreme C...
Criminal Law – Quashing of FIR – Abuse of Process – Contradictory Civil Suit – Appellants sought quashing of FIR alleging offences under SC/ST Act regarding a property dispute – Complainant filed a civil suit on the very same day the FIR was lodged (25.01.2022) – The FIR alleged a specific incident of trespass and abuse on 21.01.2022, but the plaint in the civil...
Arbitration Law – Section 11 – Joinder of Non-Signatories – Scope of Referral Court’s Inquiry – Held: The Referral Court under Section 11 is required to prima facie rule on the existence of the arbitration agreement and whether the non-signatory is a "veritable party". While the Court should not conduct a laborious inquiry, it cannot mechanically refer the m...
Environmental Law – Endangered Species – Habitat Conservation – Protection of the Great Indian Bustard (GIB) – Petition under Article 32 sought urgent directions for the conservation of critically endangered GIB and LF species – Court affirmed the Expert Committee’s recommendation to designate revised priority areas in Rajasthan (14,013 sq. km) and Gujarat (740 ...