Arbitration – International Commercial Arbitration – Jurisdiction of Indian Courts – Foreign-seated Arbitration – Section 11 Inapplicable – Petition Dismissed – Disputes between Indian petitioner and foreign respondent governed by Benin-seated arbitration under primary Buyer-Seller Agreement (BSA) – Benin designated as seat and governing law explicitly cho...
Environmental Law – River Pollution – Judicial Oversight – Massive pollution of Jojari, Bandi and Luni rivers in Rajasthan due to discharge of untreated industrial and municipal effluents – Supreme Court initiated suo moto proceedings following a documentary exposing environmental and public health catastrophe – Found sustained regulatory failure and prolonged adminis...
Civil Law - Specific Performance – Agreement to Sell – Admission of Signatures and Receipt of Consideration – Defendant admitted encashment of ₹16 lakh via cheques forming part of earnest money – Agreement bore his signatures on all pages including reverse of stamp papers – Held: Once execution and consideration admitted, burden shifted to defendant to prove fraud o...
Tenancy Law – Eviction for Non-Payment of Rent – Section 12(1) and 12(3) of Kerala Buildings (Lease and Rent Control) Act – Tenant defaulted in rent payment for over five years and failed to comply with Rent Controller's direction to deposit arrears – Appellate Authority stopped hearing of appeal under Section 12(3) – Held: Repetition of Section 12 procedure in ap...
Service Law – Displacement Quota – Employment – G.O.Ms.No.98 – Delay in Application – Writ petitioner, son of displaced person from Dachuru village, filed application for employment 10 years after displacement – Rejection of claim by authorities citing limitation of one year under G.O.Ms.No.98 – Held: One-year limitation cannot be strictly enforced in ligh...
Bombay Tenancy and Agricultural Lands Act – Protected Tenancy – Statutory Purchase – Sections 32G & 32M – Effect of Mutation Entries – Exclusive Title – Civil Court Jurisdiction – Plaintiff (sister) filed suit for partition in 2002 claiming suit property as joint family property inherited from parents who died in 1949 and 1978 – Evidence showed t...
Arbitration – Execution of Award – Objections by Legal Representatives – Arbitral award dated 12.07.2010 passed in favour of appellant was sought to be executed in Bombay against the father’s estate – Legal representatives (uncle and others) challenged execution by asserting non-party status and independent rights in the property – Held: Since the execution was ...
Debt Recovery – SARFAESI Act – Priority of Secured Creditor – Section 26E of SARFAESI Act grants statutory priority to debts owed to secured creditors post registration – However, this statutory priority does not override a statutory “first charge” under a welfare statute such as EPF&MP Act – Held: While bank’s secured dues get priority over ordi...
Contract Law – Term Sheet – Specific Performance – Appeal from Order dismissed – Term Sheet between Plaintiff developer and Defendant landowners provided for refundable deposit and joint development of land – Dispute arose on whether Term Sheet was a concluded and enforceable contract or merely an agreement to agree – Held: Validity Clause with Long Stop Date wa...
Constitutional Law – Articles 200 & 201 – Governor’s and President’s powers – Discretion – No deemed assent – Article 142 cannot substitute constitutional function – Decisions under Articles 200 & 201 non-justiciable – Only limited mandamus permissible for prolonged inaction – Article 361 immunity personal, but institutional actio...