Mines and Minerals – Quarry Lease – Renewal – Delay – Interpretation of Expiry Date – Application for renewal of quarry lease rejected as being filed after expiry of lease term – Lease expired on 29.12.2013 (a Sunday) – Application filed on 30.12.2013 – Held: By operation of Section 10 of the General Clauses Act, 1897, where the last day falls on a h...
Motor Accident Claim – Contributory Negligence – Evidentiary Value of Charge Sheet – Accident occurred when claimant’s motorcycle (KL-31E-1713) collided with another motorcycle (KL-04V-4339) insured with appellant – Tribunal fixed contributory negligence at 50:50 and awarded ₹1,12,110/- with 8% interest – Held: Ext.B1 charge sheet showed claimant as accused fo...
Matrimonial Law – Divorce – Cruelty – Section 10(1)(x) of Divorce Act – Standard of cruelty uniform under all personal laws – Ill-treatment of husband’s children and attempt to commit suicide by wife constitute mental cruelty – Divorce decree confirmed – Maintenance enhanced to ₹15,000/- per month considering husband’s income abroad [Paras 10...
Arbitration – Judicial Interference – Limited Scope under Section 37 – Appeal against judgment upholding arbitral award awarding contractor Rs.6.66 lakhs with interest – Held: Interference under Sections 34 and 37 of the Arbitration Act is narrowly circumscribed – Court cannot re-appreciate evidence or substitute its own view for that of the arbitrator – Award f...
Employment Dispute – Maintainability of Civil Suit – Order 7 Rule 11 CPC – Specific Relief Act – Single Judge rejected plaint holding specific performance of employment contract barred under Section 14 SRA – Division Bench held rejection unsustainable since plaint also sought damages of ₹2 crores for arbitrary and mala fide termination and reputational harm – ...
Service Law – Pension – Voluntary Retirement – Regulation 29(5) Pension Regulations, 1995 – Employees with 20+ years’ qualifying service who opted under VRS 2000 – Entitlement to notional addition of 5 years of service – Held: VRS 2000 provided pension as per existing Pension Regulations – Regulation 29 only applicable clause for voluntary retirement...
SARFAESI Act – Post-13(4) Challenge – Scope of DRT’s Jurisdiction – Borrower’s Right to Challenge – Held: DRT has jurisdiction to examine not just the legality of action under Section 13(4) but also subsequent measures, including sale of secured assets – Tribunal empowered under Section 17(3) to declare bank’s actions invalid and restore possession t...
Limitation – Execution of Decree – Article 182(3), Limitation Act, 1908 – “Review” must be undertaken and decided – Application under Section 36, Bengal Money-Lenders Act dismissed for default – No review “undertaken” or “decision passed on the review” – Time not extended – Held: Art. 182(3) inapplicable [Paras 3-4].
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Civil Law - Agency – Scope of Authority – Commission Note – Authority to Conclude Sale – Construed broadly – The commission note authorised the broker to “negotiate the sale” and “secure a buyer” with stipulations of title being free of encumbrances and good title – Held: Such language implied authority to conclude a binding contract of s...
Company Law – Section 105-C – Further issue within authorised capital – Bona fides – Appeal dismissed – Directors resolved on 21.02.1945 to issue 4,596 shares at premium and offered them pro rata to members on the register in the ratio 4:5 – Challenge that the issue was mala fide to retain control and that Section 105-C was contravened – Held: Section 105-...