Public Interest Litigation – Welfare of Senior Citizens – Petition initiated suo motu based on a letter highlighting the issues faced by senior widows and widowers. The court examined the detailed counter affidavit filed by the Government of NCT of Delhi, outlining the management and implementation of pension schemes and financial assistance programs for widows, widowers, and senior ci...
Civil Procedure – Striking Off Defence – Appellants’ defense struck off for breaching court undertaking – Alleged breach involved executing an agreement to sell part of the disputed property – Agreement included transferring possession to third party – Appellants argued mere execution of agreement does not constitute sale, transfer, or alienation – Court f...
Acquisition of Land – Public Interest and Compensation – Notification under Section 3(1) of the PMP Act issued for laying a petroleum pipeline. Landowners’ objections raised regarding the use of horticultural land and public interest considerations. Competent Authority failed to address objections adequately. High Court directed a reassessment of objections and compensation based...
Revenue Law – Mutation and Partition – Petitioner challenged the orders directing Patwari to propose partition and restore status quo ante regarding mutation – High Court quashed orders of Tahsildar and Additional Collector, Narmadapuram for exceeding jurisdiction and acting contrary to a compromise decree – Directed reopening of original mutation file and proper adjudicati...
Eviction and Recovery of Possession – Rent Arrears – Plaintiff sought a decree for eviction and recovery of vacant possession of the suit premises, along with arrears of rent amounting to Rs. 5,48,903/- from November 2018 till September 2021. Additionally, a decree for Rs. 14,40,000/- and mesne profit at Rs. 300/- per sq. ft. per month from October 1, 2021, until the handover of vacant...
Contempt of Court – Non-implementation of Court Orders – Appellant, a Revenue Officer, was held in contempt for not complying with the order directing reinstatement of the respondent into service – The learned Single Judge sentenced the appellant to six months’ simple imprisonment and imposed a fine of Rs. 2,000 – Appellant’s subsequent compliance with the court...
Insolvency and Bankruptcy – Simultaneous Proceedings – Financial creditor filed applications under Section 7 of IBC against both the corporate debtor and corporate guarantor – Adjudicating authority admitted the application against the corporate debtor despite the approval of a resolution plan for the guarantor – Supreme Court held that the financial creditor can proceed ag...
Deficiency in Service – Delay in Possession – NCDRC's order partially allowing the complaint – Found delay in handing over possession of flats – Compensation awarded at 6% per annum interest on deposits from due date of possession to date of offer of possession – NCDRC's method for determining due date based on payment of 11th instalment and grace period held ...
Review Jurisdiction – Grounds for Review – High Court allowed review petitions reversing the decision of the original Division Bench – Review jurisdiction not properly exercised – Discovery of new evidence not sufficient to warrant review as it was not material to the contempt issue – Order set aside [Paras 10-26].
Contempt of Court – Limitation &nd...
Customs Law – Suspension of Broker License – Appeal against suspension of Customs Broker License – CESTAT upheld suspension citing proportional penalty for facilitating fraudulent exports – Supreme Court found suspension under Regulation 16 as an interim measure, not a penalty – CESTAT erred in construing suspension as penalty and perpetuating it indefinitely – ...