Civil Law – Decree Based on Family Settlement – Validity – Decree dated 14.01.1983 allegedly obtained by appellants Satpal and Mohinder Singh against Sukh Ram on basis of family settlement – Courts below held Sukh Ram was not related to appellants and had not suffered decree – Fingerprint expert evidence showed thumb impressions on court record did not match Sukh Ram&...
Administrative Law – Licensing – Revocation of Licence – Fair Price Shop Dealership – Respondent, a society registered under the Societies Registration Act, was granted FPS licence despite being ineligible under the Vacancy Notification which permitted only individuals, co-operative societies, and certain other entities – Held: Licence was void ab initio and liable to...
Civil Law - Contempt of Court – Compliance of Judicial Directions – High Court dismissed contempt petition on the ground that the order dated 17.01.2003 was ambiguous and open to two interpretations – Supreme Court held that the operative portion of the High Court’s 2003 order clearly directed the authorities to hand over possession of land and pay compensation to petitione...
Municipal Law – Unauthorized Construction – Cancellation of Building Permission – Petitioner challenged inaction by municipal authorities in taking steps against alleged illegal construction by private parties – Court found that authorities had issued notices under Sections 452 and 461 of APMC Act – Respondents claimed deviations were minor and compoundable – He...
Motor Accident Claim – Composite Negligence – Liability Apportionment – Tribunal held both taxi and lorry drivers equally negligent in causing the fatal accident – Based on testimony of co-passenger widow (P.W.1), vehicle damage reports (Ex.P6, Ex.R5), and site sketch (Ex.P5) – Court found no perversity in Tribunal's apportionment of 50:50 liability [Paras 12&ndas...
Administrative Law – Illegality – Irrelevant Considerations – Memo requiring Assistant Registrar’s recommendation before granting stamp duty exemption under Section 9A – Held: Requirement is unnecessary, superfluous and disruptive of ease of transaction – Executive action based on irrelevant considerations is illegal and liable to be set aside [Paras 2–2.2...
Taxation Law - GST – Exemption – Renting of Residential Dwelling – Entry 13 of Notification No. 9/2017 – Hostel accommodation – Held: Residential building leased to a company, which sub-leases rooms to students/working professionals for long-term stay (3–12 months), qualifies as ‘residential dwelling’ and is ‘used as residence’ – Ex...
GPF – Nomination – Automatic Invalidity on Subscriber Acquiring Family – Subscriber nominated mother in 2000; married appellant in 2003 – Nomination form itself provided that nomination becomes invalid upon acquiring family – Held: Nomination became invalid in 2003; failure of subscriber to file fresh nomination does not revive earlier invalid nomination – High ...
Arbitration – Scope of Judicial Interference – Award upholding investor’s claim for indemnity from CDSL under Section 16 of Depositories Act – Tribunal held DP (BRH) acted negligently and fraudulently while transferring and pledging investor’s shares – Court held findings plausible, reasoned, and not perverse – Petition under Section 34 dismissed [Paras 1,...
Arbitration Law – Section 31(7)(a) of the Arbitration and Conciliation Act, 1996 – Power to Award Interest – Party Autonomy – Held: The phrase "Unless otherwise agreed by the parties" at the beginning of Section 31(7)(a) qualifies the entire provision. Where the parties have agreed to a specific rate of interest in the contract, the Arbitral Tribunal ceases to hav...