Land Acquisition Act, 1956 - Apportionment of compensation - Principles and procedures - Scope and jurisdiction of the competent authority - Powers of the District Magistrate - Role of the Principal Civil Court of original jurisdiction - Reference to Sections 30 and 31 of the Land Acquisition Act, 1894 - Decision in Sharda Devi v. State of Bihar - (28) Judgment highlighting that apportio...
Jurisdiction of eviction petition under Wakf Act - Whether eviction petition against Wakf property maintainable before Civil Court - Supreme Court held in Ramesh Gobindram vs Sugra Humayun Mirza Wakf that eviction petition against Wakf property maintainable before Civil Court - 2013 amendment of Wakf Act not applicable retrospectively - Eviction petition filed prior to amendment maintainable befor...
Bengal Money Lenders Act, 1940 – Maintainability of suit – License to lend money – Whether the plaintiff requires a license to lend money under the Bengal Money Lenders Act, 1940 – Plaintiff’s claim of a one-time financial accommodation not constituting a moneylending business – Preliminary objection raised by defendant not sustainable. [Para 17, Para 18, Para 1...
Electricity Supply Agreement - Reduction in maximum demand - Delay in processing application - Unilateral amendment of contract - Whether arbitrary and unreasonable - Appellant's entitlement to refund of excess amount paid - Consideration of.
Constitution of India, Article 14 - State actions in contractual matters - Principles of fairness, reasonableness, and non-arbitrariness to be upheld ...
Order under Order VII Rule 11 of CPC – Suit for declaration of sale deeds as illegal – Appellant’s prayer in plaint challenged – Trial Court dismissed the respondents’ application under Order VII Rule 11 – High Court allowed the revision petition, rejected the plaint, and set aside the Trial Court’s order – Supreme Court held that the adequacy of pra...
Criminal Law - Appeal against acquittal - Abetment to suicide - Essential ingredients of offense under Section 306 IPC - Evidence required to prove abetment - Merely insulting language or abusive behavior not sufficient for establishing abetment - Presence of evidence suggesting accused's intention to instigate deceased to commit suicide necessary for conviction under Section 306 IPC. (Para 6)...
Specific performance of agreement to sell - Defendants claimed agreement to sell was forged - Handwriting and fingerprint expert report not binding on court - Direct evidence of marginal witness and scribe proved execution of agreement - Discrepancy in payment details attributed to passage of time and human memory - Written contract acknowledged receipt of amount - Agreement executed on non-judici...
Termination of services – Writ petition filed under Article 226/227 of the Constitution of India – Petitioner sought quashing of order dismissing his appeal against termination of service and reinstatement with continuity of service and payment of arrears of pay and other benefits – Petitioner appointed as Senior Lecturer-Mass Communications at Ansal Institute of Technology &ndas...
Election Law - Interference by Courts in Election Matters – The petitioner filed for mandamus to direct cancellation of nomination paper of Respondent No.5 for the post of Panch, alleging fraudulent voter registration – Held, once election process starts, courts should not interfere as per Article 243-O of the Constitution and Section 176 of the Haryana Panchayat Raj Act – Petiti...
Civil Procedure Code, 1908 - Order XLVII Rule 1 - Scope of review - Error apparent on the face of the record - Power of review can only be exercised based on a mistake or error apparent on the face of the record - It cannot be used as an appellate power - Review jurisdiction is limited and confined to the grounds mentioned in the provision - An error that requires a long-drawn process of reasoning...