Writ Petition - SARFAESI Act vs. MSMED Act - Priority of Recovery - Challenge to proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) - Default in repaying a loan availed from the respondent Bank - Classification of loan account as Non-Performing Asset (NPA) - Issuance of notices and proceedings under the SARFAESI...
Land Acquisition Act – Determination of compensation for acquired land – Discrepancy in compensation rates between Reference Court and High Court – Annual increase rate and its cumulativeness to be decided – Various precedents considered – Gap of 11 years between reference year and acquisition year – Just and proper annual increase rate determined at 8% with cum...
Arbitration – Fee dispute between parties and the impartiality of the tribunal – Chennai Metro Rail Limited (Chennai Metro) awarded a contract to Afcons for a project – Disputes arose during arbitration proceedings – Tribunal unilaterally increased its fee – Chennai Metro raised objections – Tribunal’s insistence on higher fee led to apprehension of bias &...
Election Petition – Validity of nomination papers – Alleged non-disclosure of spouse’s properties in Form-26 – Appellant elected as a Member of the Legislative Assembly – Respondent challenges her election – High Court declares election void – Appellant appeals to the Supreme Court. [Para 1-5]
Customary Inheritance – Appellant, belonging to the Mi...
Loan Repayment - Interpretation of loan documents between Infrastructure Leasing and Financial Services Ltd. (IL&FS) and HDFC Bank Ltd. - Dispute over the nature of loan and security - Assignment of receivables as security for loan repayment - Whether the assignment constituted a transfer of title or a security interest - Determination of the legal status of receivables in the Escrow Account. ...
Sexual Harassment at Workplace – Implementation of the POSH Act and Rules – Writ petition seeking directions to implement the provisions of the Sexual Harassment at Workplace (Prevention, Prohibition and Redressal) Act, 2013 and the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Rules, 2013 – Detailed claims made by the petitioner organization &nd...
Civil Appeal - Landlord-Tenant Dispute - Termination of tenancy - Discrepancy in notice for termination of tenancy - Extent of land to be resumed to the landlord - Question of whether the landlord's holding exceeds one economic holding and the nature of the landlord's livelihood - Remand order by High Court - Special leave granted. [Para 1-17]
Land Tenancy Dispute – Interpretation...
Civil Appeal – Challenge to arbitral award – Delay in execution of construction contract – Claim for loss of profit due to delay – Arbitrator awarded loss of profit – First award set aside by High Court – Second award for loss of profit maintained by Arbitrator – Challenge to second award – Whether the second award in conflict with the public policy ...
Delay in Filing Written Commercial Suit – Condoning Delay – Defendant's application to condone a delay of more than 120 days in filing a written statement – Defendant's contention that delay should be calculated from the date of receipt of the amended plaint – Court rejects defendant's argument, emphasizing that the defendant failed to file the written statement...
Tenant-Landlord Dispute – Non-payment of Rent – Appellants (landlords) filed suit for eviction of respondent (tenant) for non-payment of rent – Respondent tenant stopped paying rent from February 2005 – Eviction notice served in October 2013. [Para 1]
West Bengal Premises Tenancy Act, 1997 – Respondent filed an application under Sections 7(1) and 7(2) – Appli...