Adverse Possession – Legal Requirements – Defendants claimed ownership by adverse possession – Courts found defendants failed to prove hostile, open, and continuous possession – Claim of adverse possession inherently acknowledges the title of another party – Supreme Court precedent emphasized inconsistency in claiming both ownership and adverse possession simultaneous...
Natural Justice – Procedural Fairness – Supply of Communication – Non-supply of communication does not vitiate proceedings if no prejudice caused – Petitioner did not demonstrate how non-supply of letter dated 15-5-2020 prejudiced his defense – Termination of contract upheld [Paras 27-33].
Termination of Contract – Contract Term Expiration – Relief Limi...
Civil Procedure – Amendment of Pleadings – Application for amendment under Order VI Rule 17 CPC allowed by Trial Court – Amendment sought to rectify General Power of Attorney (GPA) and include additional defendants – Trial Court found amendment necessary for effective adjudication – Delhi High Court finds amendment introduces new cause of action and affects rights of ...
Service Law – Pay Re-fixation and Recovery – Petitioner served on an ad-hoc basis as a Research Officer for over 14 years – Reverted to the original position of Senior Research Assistant – Tribunal upheld reversion and recovery of excess salary paid – High Court observed long service in higher position justifies protection of higher salary for terminal benefits &ndash...
CENVAT Credit – Definition of Capital Goods – Whether Mobile Towers and Prefabricated Buildings (PFBs) Qualify – Bombay vs. Delhi High Court Divergence – Reconciliation by Supreme Court – The Bombay High Court held that mobile towers and PFBs are immovable property and therefore ineligible for CENVAT credit under Rule 2(a)(A) or Rule 2(k) – The Delhi High Court ...
Motor Accident – Compensation – Appeal for enhancement – Appellants contended for higher compensation arguing error in calculating the deceased’s income and the annual income from goods vehicles – Held, Tribunal erred in computing compensation based on four years’ ITR instead of three – Annual income reassessed and additional income from vehicles added &nd...
Mesne Profits – Determination and Liability - Revision application challenging the order for mesne profits post-termination of lease – Defendant in unlawful possession – Plaintiffs entitled to mesne profits from date of lease termination – Court draws adverse inference against defendant for withholding profit information – Valuation based on Ready Reckoner rates uphel...
Jurisdiction of PCA – Orders Against Private Individuals – Legal Validity – PCA directed the registration of FIRs against appellants, who are private individuals, following civil disputes misrepresented as criminal matters. The court held that PCA's jurisdiction under the Punjab Police Act, 2007, is restricted to cases involving police personnel, and it cannot pass orders aga...
Narcotics Law – Freezing of Bank Accounts – Compliance with Statutory Procedure – The petitioner, a startup company, sought de-freezing of its bank accounts frozen by the NCB following a case against one of its directors for NDPS Act violations. The court found that the NCB did not comply with Section 68F of the NDPS Act, which mandates communication to and confirmation by the co...
Specific Performance – Sale Agreement vs. Loan Security – Appellants contended that the sale agreement was intended as security for a loan – Trial Court and First Appellate Court found in favor of the respondent, confirming the sale agreement and granting specific performance – Appellants’ argument regarding clause allowing for refund with interest rejected – Ju...