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...
Service Law – Regularization – Ad-hoc Appointments – Discrimination – Appellants appointed to Class III posts in High Court as Operator-cum-Data Entry Assistants under powers of Chief Justice – Though similarly situated persons were regularized, appellants denied such benefit citing their appointments were ad-hoc – Held: All categories of appointees were appoint...
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 ...
Tender Law – Eligibility Criteria – Joint Venture Experience – Proportionate Experience – Arbitrary Rejection of Bid – Appellant disqualified at technical evaluation stage on ground that experience certificate pertained to joint venture and not in individual name – Tender condition required “each prime contractor in the same name and style” to have c...
Motor Accident Compensation – Death of Minor Child – Enhancement of Compensation – Notional Income – Multiplier – Appeal arose from claim filed by parents of a 14-year-old boy who died in a road accident caused by rash and negligent driving of a truck – Tribunal awarded meagre compensation of Rs.1,29,500/- – High Court enhanced compensation to Rs.4,70,000/...
Taxation Law - Income Tax – Deduction of Head Office Expenditure – Interpretation of Section 44C, Income Tax Act, 1961 – Exclusive vs Common Expenditure – Non-Resident Assessee – Ceiling on Deduction – Scope of “Head Office Expenditure” – Appeals by Revenue Allowed – Matters Remanded
Income Tax – Non-Resident Assessee – Hea...
Service Law / Recruitment – Eligibility Condition – Driver Posts – Continuous valid driving licence for two years – Renewal after expiry – Break cannot be treated as “continuous” merely because renewal is granted – After Motor Vehicles (Amendment) Act, 2019, licence does not continue even for a single day beyond expiry and renewal takes effect from d...
Matrimonial Law – Divorce – Ground of Desertion – Consent of Parties – Decree Modified under Article 142 – Family Court and High Court granted divorce on ground of desertion – Appellant contested desertion, but agreed to dissolution by mutual consent during Supreme Court hearing – Respondent also agreed – Supreme Court exercised powers under Article ...