Transfer of Property Act - Mortgage by Conditional Sale vs. Sale with Condition to Repurchase - Interpretation of Document - Intention of Parties - Section 58(c) of TP Act - A transaction is a "sale with a condition to repurchase" rather than a "mortgage by conditional sale" if the document clearly transfers absolute title, grants the purchaser the right to deal with the proper...
Patent Law – Computer-Related Invention – Section 3(k) – Technical Contribution – Graphic Data Lineage Generation – Rejection on ground of being algorithmic and lacking technical effect – Held: System incorporating diagram generator, metadata querying interface, configuration information sets, and dynamic iterative lineage generation constitutes technical effect...
Contempt of Court – Limitation – Petition filed beyond one year – Writ Court had directed respondents to conduct an enquiry and pass appropriate orders within eight weeks from 08.12.2021 – Contempt petition filed only in 2025 – Held: Barred by limitation under Section 20 of the Contempt of Courts Act – No exceptional circumstances to invoke inherent powers under...
Land Revenue – Khatedari Rights – Urban Land – Waiver – UIT challenged orders of RAA and BOR (2003) conferring khatedari rights on Girdhari – Court held that UIT had accepted and acted upon those orders by issuing pattas under Section 90-B and granting construction permissions – Held: UIT, having waived its right and acted in acquiescence, was estopped from reas...
Land Acquisition – Section 26 of 2013 Act – Average sale price method – No mandatory deduction unless Collector forms opinion under Explanation 4 – Reference Court’s 40% deduction set aside – Only 10% deduction permissible – Compensation enhanced [Paras 9–13].
Land Acquisition – 2013 Act – Determination of Market Value &ndash...
Taxation Law - Income Tax – Share Application Money – Section 68 – Evidentiary Value of Statements under Section 131 – ITAT erred in holding that authorities have no power to administer oath under Section 131 – High Court held that such statements are admissible and Section 131 explicitly empowers authorities to examine persons on oath – First question of law an...
Civil Law – Rejection of Plaint – Cause of Action – Distinction Between Non-disclosure and Non-existence – Rejection Set Aside – Suit filed by Indian-origin locally recruited staff of Italian Embassy alleging pay discrimination under Italian Presidential Decree – Trial court rejected plaint under Order VII Rule 11(a) CPC, holding no cause of action existed &ndas...
Taxation Law - Customs – Adjudication after Remand – Cross-Examination – Tribunal directed that all six relied-upon witnesses be made available for cross-examination – After remand, three witnesses appeared and were cross-examined, deposing in favour of petitioners – Three others failed to appear despite four opportunities – Adjudicating authority relied only on...
Banking Law – Pledge of Gold Ornaments – Right of Redemption – Petitioner availed gold loan repayable by 12.01.2025 – Bank conducted auction on 17.01.2025 without observing 30-day post-maturity redemption period stipulated in contract – Held: Premature auction violated Section 176 of Contract Act and terms of pledge – Petitioner’s offer to pay dues two day...
Civil Law - Interim Injunction – Status Quo – Public Interest Projects – Flood Mitigation – Climate Change Obligations – Article 21 Right to Clean Environment – Article 39(b) Distribution of Material Resources – Section 41(ha) Specific Relief Act – Supreme Court Directions – Status Quo Modified Allowing State to Proceed with Ponds & Eco Par...