Town Planning – Lapsing of Reservation – Appellants purchased property subject to reservation under the development plan – Notice under Section 127 by previous owners did not result in lapsing of reservation due to issuance of declaration under Section 126(4) within ten years – Revised Development Plan re-confirmed the reservation [Paras 4-9, 25-27].
Acquisitio...
Town Planning – Demand of Premium – Letter of Intent (LOI) – LOI valid for three months – Delay in obtaining clearance from Coastal Zone Management Authority – Appellants failed to make representation to extend LOI – Premium demand in accordance with Government Resolution dated 16.04.2008 requiring payment of 25% of Ready Reckoner value for Slum Rehabilitation S...
Motor Accident Claims – Contributory Negligence – Reversal of Findings – The appellants, survivors, and legal heirs of passengers involved in a collision with a parked truck, contested the reduction of their compensation due to contributory negligence – The parked truck was abandoned in the middle of a highway at night, without any warning signs – Held: The deduction ...
Motor Vehicles Act – Cross-objection – Appeal against High Court's rejection of cross-objection in motor vehicle compensation case – Conjoint reading of Section 173 of the Motor Vehicles Act, Rule 249 of the Bihar Motor Vehicle Rules, and Order XLI Rule 22 of the CPC allows any party aggrieved by any part of the award to prefer an appeal – Respondents may file cross-obj...
Telecom Law – Spectrum Charges – Union of India challenged TDSAT’s order directing refund of excess amount encashed from bank guarantees provided by RCL for deferred spectrum charges – Supreme Court examines NIA 2013 and NIA 2015 terms – Holds that refund of unadjusted amount was justified – Appeal dismissed [Paras 1-12].
Bank Guarantees – Enc...
Rent Control – Eviction under Section 14(1)(e) of the Delhi Rent Control Act upheld – Challenge in High Court against eviction order passed by the Additional Rent Controller – Ownership and jural relationship of tenancy not disputed by tenants – Tenants failed to file written statement and cross-examine respondent – Court found no infirmity in the eviction order &ndas...
Motor Vehicles Act – Section 163A – No-fault liability – Claimants filed under Section 163A for compensation due to the death of Chotelal alias Shivram in a vehicular accident – Tribunal awarded compensation, but High Court quashed it on the basis that the claim was against the owner and insurer of the motorcycle the deceased was driving, not the offending vehicle – S...
Landlord-Tenant Law – Sub-letting and Arrears of Rent – Appellant (landlady) filed eviction suit against tenant (respondent) on grounds of sub-letting and arrears of rent – Rent Controller dismissed suit, but Appellate Authority decreed eviction – High Court quashed eviction decree – Supreme Court examines evidence and finds clear case of sub-letting – High Cour...
Contract Law – Injunction – Appellant sought injunction to restrain respondents from executing further documents or creating third-party rights on disputed land – Trial court and High Court granted injunction based on prima facie existence of a concluded contract – Supreme Court examines the evidence, including emails and WhatsApp messages, and finds no concluded contract &...
Constitutional Law – Minority Rights – Article 30 of the Constitution – Appellants challenged provisions of the West Bengal Madrasah Service Commission Act, 2008, arguing they violated minority institutions' rights to administer their educational institutions – High Court declared Sections 8, 10, 11, and 12 of the Act ultra vires – Supreme Court analyzes the provi...