Consumer Insurance Law – Fire Insurance – Repudiation of Claim – Theft Preceding Fire – Appellant’s factory suffered loss due to fire caused when miscreants attempted theft of transformer copper windings – Insurance claim repudiated on ground that burglary was proximate cause and excluded under RSMD clause – NCDRC upheld repudiation – Held: Once loss...
Banking and Finance Law – SARFAESI Act – Applicability in Nagaland – Appellant financial corporation invoked SARFAESI Act for recovery of dues from respondent borrower – High Court set aside SARFAESI proceedings holding action to be without jurisdiction – Held: SARFAESI Act was not applicable in the State of Nagaland prior to notification dated 10.12.2021 and could no...
Public Interest Litigation – Abuse of Process – Forged Petition – Writ petition filed in the name of Adity Shivcharan Rathod found to be unauthorized and based on forged documents – Police investigation revealed petitioner had no knowledge of the case and disowned the documents – Court held filing of such petition amounts to fraud on the court [Paras 2, 10–13, 1...
Civil Law – Right of Way – Agreement to Create Easement – Unregistered Document – Appellant sought injunction against obstruction of a passage allegedly created through an agreement dated 13.03.1988 – Trial court and first appellate court dismissed suit holding the agreement inadmissible for want of registration – High Court upheld that agreement created and ext...
Multi-State Cooperative Society – Deemed Conversion – Section 103 – Applicability – Reorganization of Uttar Pradesh in 2000 led High Court to hold that cooperative sugar factories became multi-State cooperative societies – Supreme Court holds that Section 103 only applies where “objects” of society extend to more than one State – Mere fact that area ...
Specific Performance – Long Pending Allotment – Subsistence of Contract – Allotment of plots in residential colony made in 1963 – Defendant pleaded automatic cancellation in 1964 for non-payment of instalment – Earlier round of litigation conclusively held that no lawful cancellation took place and allotment subsisted – Held: Findings in earlier RSA attained fin...
Contract – Sale Agreement – Suppression of Encumbrance – Breach by Vendor – Respondent entered agreement to sell land for ₹4.45 crores but failed to disclose existing mortgage – Appellant paid ₹55 lakhs as advance – On discovering the mortgage, appellant withheld further payment – Held: Vendor's failure to disclose encumbrance constituted fraud and...
Labour Law - Industrial Disputes Act – Reinstatement vs. Lump-sum Compensation – Daily Wager in Irrigation Department – Labour Court granted reinstatement but denied full relief – Employee and State both challenged award – Held: Irrigation Department is an “industry” under Section 2(j) of the ID Act as settled by Supreme Court and Full Bench – State ...
Civil Law – Order 39 Rule 1 & 2 CPC – Interim Injunction – Prima Facie Fabrication – Plaintiff sought to restrain enforcement of three impugned Memorandum of Agreements (MOAs) allegedly executed in 2019, claiming they were fabricated using blank signed papers – Plaintiff produced email exchanges and bank certificates showing that cheques mentioned in the MOA...
Arbitration Law – Section 34 – Scope of Interference – Insurance Claim Dispute – Insurer challenged arbitral award granting compensation for fire damage under Industrial All Risk Policy – High Court reiterated that re-appreciation of evidence and substitution of arbitral view with court’s view is impermissible under Section 34 – Held: Award neither pervers...