Civil Appeal – Suit for Specific Performance – Limitation – Agreement to sell land – Payment of advance amount – Refusal by the seller to perform the contract – Notice of refusal – Commencement of limitation period – Second part of Article 54 of the Limitation Act, 1963 – Whether notice of refusal given – Suit filed beyond limitation peri...
Limitation Period – Controversy arises concerning the effective date of service of summons for computing the limitation period for filing a written statement in the Delhi High Court’s Commercial Division. Examination of two different modes of service. [Para 1-5]
Service of Summons – Code of Civil Procedure, Order V Rule 2 – Service of summons should include a copy of the...
Mining Lease - Dispute over the grant of mining lease for Dolomite - Multiple applications filed by different parties - Various orders issued by state authorities - Confusion over the status of the land and the mining lease - Appellants challenging the grant of mining lease to Respondent No. 1 - M/s. Chiranjilal (Mineral) Industries of Bagandih. [Para 1-2]
Background - A detailed acco...
Civil Appeal – Rejection of Plaint Under Rule 11 of Order VII of CPC – Appellant sought rejection of the plaint based on bar of res judicata – Learned Single Judge rejected the plaint, while the Division Bench of High Court reversed the decision – Supreme Court held that the issue of res judicata could not be decided under Rule 11 of Order VII of CPC at this stage. [Para 2-...
Two writ petitions involved the eligibility of Zydus Wellness Products Limited and Alkem Laboratories Limited for budgetary support under the Budgetary Support Scheme introduced for eligible manufacturing units in Sikkim under various Industrial Promotion Schemes. The central issue was whether changes in ownership and constitution disentitled these units from availing budgetary support. [Para 1-6]...
Delay and Leave – Supreme Court condones the delay in filing the appeal and grants leave – Appellant dissatisfied with the decision of the Kerala High Court which affirmed the denial of his application for restoration of statutory appeal.
Background and Facts – The appellant, a dealer under the Kerala Value Added Tax Act, had his registration canceled by the Sales Tax Officer...
Violation of Section 210 of Cr.P.C. - The matter pertains to the summoning order in a complaint case filed under Section 498-A, 323 I.P.C. and Section 4 D.P. Act. It is alleged that two criminal proceedings were initiated simultaneously - one through an F.I.R. and another through a complaint. The trial court proceeded without following the provisions of Section 210 of Cr.P.C., which require stayin...
Civil Suit for Possession – Co-owner seeking possession of the property – Defendant claiming possession and raising preliminary objections – Learned Trial Court finding in favor of the plaintiff – First Appellate Court reversing the judgment based on the failure to specify structures constructed on the land and the principle of acquiescence – Appeal to High Court. [Pa...
Land Acquisition – Challenge to notification under Section 4 of the Land Acquisition Act, 1894 – Notification subsequently followed by Section 6 declaration – Possession not taken by Land Acquisition Authority – Claim of discrimination based on release of lands with prior construction – Review applications dismissed by the Court – Supreme Court’s decision ...
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Compassionate Appointment – Dependency Clause – Biological son eligible for compassionate benefits but question of daughter-in-law’s eligibility under dispute.
The original writ petition was filed by Amandeep Singh, son of a deceased government employee, for the grant ...