Land Acquisition – Adverse Possession – Public Purpose – Appellant, an illiterate widow from a rural background, was divested of her property by the State in 1967 without compensation or legal sanction for the construction of a road – High Court dismissed her writ petition citing laches – Supreme Court finds continuing cause of action, orders compensation on same term...
Arbitration Law – Interim Measures – Jurisdiction – Gujarat Public Works Contracts Disputes Arbitration Tribunal Act, 1992 – Tribunal constituted under Section 3 has jurisdiction to grant interim measures under Section 17 of the A&C Act – Contractor’s remedy lies with the Tribunal – High Court’s order restraining recovery without adjudication set...
Consumer Law – Free Gifts – Appellant advertised a holiday voucher scheme with free gifts contingent on referrals – Respondent purchased vouchers but made no referrals – District Forum awarded free gifts (laptop, mobile, TV) and compensation – State Commission and NCDRC upheld the decision – Supreme Court examines scheme terms and finds gifts conditional on refe...
Civil Appeal – Eviction from a tenanted shop under Section 13-B of the Act – Tenant challenges the eviction order – Grounds raised by the tenant for leave to defend the eviction application examined – Tenant disputes the ownership of the landlord and argues that the summary eviction is not maintainable – Tenant also claims that the landlord possesses other s...
Pension – Counting of Past Service – Petitioners sought direction for pension consideration by counting their services rendered as daily wagers from their initial appointments. The Court held that the past service of daily wagers must be counted for pension benefits, not just from the date of regularization. Petitioners entitled to pensionary benefits considering services prior to regu...
Temple Entry – Right to Worship – Prohibition of Activities Violating Customs – The petitioners, devotees of Guruvayur Sree Krishna Temple, sought to restrain non-Hindus, including the 4th respondent, from entering the temple premises and engaging in activities violating temple customs – The Court considered the provisions of the Kerala Hindu Places of Public Worship (Autho...
Leasehold Property – Division and Partition – The Gupta and Jain families acquired a leasehold property on a perpetual lease from the Military Estate Officer – The property was sold to them in two equal undivided shares through two separate Agreements to Sell (ATS) – Held: The perpetual lease did not restrict division or partition of the property, allowing each family to ha...
Civil Appeal – Amendment of Plaint – Whether the amendment incorporating the prayer for declaration of ownership was barred by limitation – Suit founded on title, and the dispute was about possession and adverse possession – Amendment allowed by Trial Court – High Court held amendment barred by limitation – Appeal allowed, setting aside High Court's judgment...
Public Examination – Denial of Handkerchief – Re-Examination Denied – The petitioner, suffering from Hyperhidrosis, was not permitted to take a handkerchief into the NEET-2024 examination hall, allegedly affecting his performance. The High Court found that the petitioner was allotted the full examination time, and the denial of the handkerchief would not have materially affected ...
Partition Suit – Oral Gift and Applicability of Indian Succession Act – Whether the oral gift made by the first defendant (father) in 1963 to his wife Ayisha is valid, and if the Indian Succession Act applies post the registration of their marriage under the Special Marriage Act – Held, the oral gift to Ayisha was upheld based on evidence in Exts.A2 and A4, wherein the gift was a...