Administrative Law – Transfer of cases between benches of the Central Administrative Tribunal – Chairman’s power to transfer cases – Requirements of a reasoned order – Orders transferring cases should specify reasons – Orders lacking reasoning violate principles of natural justice. [Para 23-31]
Decision – Orders dated March 2, 2023, and March ...
Civil Procedure Code (CPC) - Revision under Section 115 - Plaintiffs seeking withdrawal of the suit with liberty to institute a fresh suit after realizing that it had been instituted against deceased defendants - Trial Court rejecting the withdrawal application - Whether institution of the suit against deceased persons is a formal defect and whether Order 23 Rule 1(3) of the CPC is applicable - Th...
Land Acquisition Act, 1894 - Challenge to impugned notifications under Sections 4 and 6 - Acquisition proceedings for public purpose – Petitioners sought quashing of notifications for land acquisition in Sector 57, Gurugram for public purpose – Reliance on Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. [P...
Customs Valuation – Allegations of under-valuation of imported goods – CESTAT's decision to set aside the enhancement of value and penalties imposed by the Commissioner of Customs – Appellant aggrieved by the CESTAT's order – Issue revolves around the reliability of export declarations, statements of involved parties, and valuation methods – Consideration of c...
Civil Appeal – Disputed Will – Allegation of Will executed by Leela Devi in favor of Dhani Ram – Trial Court disbelieving the Will – Appellate Court reversing the judgment – High Court reversing the Appellate Court’s decision – Appellant filed special leave appeal – Examination of attesting witnesses – Contradictory statements of attesting witn...
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...
Electricity Tariffs – Jurisdiction of the Appellate Tribunal for Electricity – Challenge to orders fixing tariffs by the Orissa Electricity Regulatory Commission – Appellant GRIDCO Ltd. challenging various orders related to annual revenue requirements (ARR), bulk supply tariff (BST), transmission tariff (TT), retail sale tariff (RST), and more – Multiple appeals arising fro...
Civil Appeal – Allotment of Land – Change of Activity – Discrepancy in Allotment Rate – Appellant, a public sector undertaking, allotted land for IT-related activity – Respondent seeks change to Hospitality sector – Dispute arises over the applicable rate for change – Audit objection claims loss due to incorrect rate – Interpretation of allotment ter...
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...
Civil Appeal – Eviction proceedings – Challenge to the Order of Eviction – Grounds for eviction under Section 13-B of the Act – Appellant seeks relief from eviction – Maintaining the eviction application – Status of the Respondent as a Non-Resident Indian – Ownership of the tenanted premises – Denial of the landlady-tenant relationship – Mainta...