Transfer of Property – Rights of Lessor’s Transferee – Under Section 109 of the Transfer of Property Act, if a landlord transfers leased property, the transferee shall possess all the rights of the original landlord. Attornment by the lessee is not necessary. Therefore, upon lawful transfer, the new owner steps into the shoes of the original landlord, acquiring all rights and res...
Land Acquisition – Compensation – The Supreme Court reiterated that the compensation of Rs. 60 lakhs per family as determined in its order dated February 8, 2017, is final and cannot be broken down into a per hectare calculation for individual claims. The order provided a full and final settlement for project affected families, including those who had not been compensated fully or part...
Environmental Law – Ex Post Facto Environmental Clearance – The court held that ex post facto environmental clearance should not be granted routinely but may be permissible in exceptional cases considering all relevant environmental factors. Where adverse consequences of denial outweigh the benefits of granting ex post facto approval, such approval may be granted if the establishment c...
Sales Tax – Refund or Transfer of Tax – The Central Sales Tax Appellate Authority found the sales of buses by Tata Motors through RSO Vijayawada to APSRTC as inter-state sales, making them liable for central sales tax in Jharkhand. However, the tax had been paid to Andhra Pradesh treating the sale as a stock transfer. Prior to Section 22(1B) insertion in the Central Sales Tax Act, 1956...
Municipal Law – Shifting of Crematorium – Appeal against the High Court’s refusal to modify an earlier order directing the shift of a crematorium at Village Masoodpur to Kishangarh – The crematorium at Masoodpur has been in existence for over 100 years – Residential colonies in Vasant Kunj came into existence post-1990 – Supreme Court held that mere subsequent s...
Education – Appointment of Vice Chancellor – Appeal against the legality of appointment – The appointment of Dr. Rajasree M.S. as Vice Chancellor of APJ Abdul Kalam Technological University was challenged for non-compliance with UGC Regulations and the University Act – Supreme Court held that the Search Committee was not duly constituted as per UGC Regulations and that only...
Education – Admission to Postgraduate Dental Course – Appeal against High Court’s decision quashing cancellation of admissions – Students admitted by private institutions after the official deadline and without informing the Directorate – Supreme Court held that such admissions were illegal and violated prescribed procedures – The last date for admissions was 31...
Religious Freedom – Sikh Gurdwaras – The Supreme Court upheld the validity of the Haryana Sikh Gurdwara (Management) Act, 2014, which is similar to the Sikh Gurdwaras Act, 1925. The Act allows the Haryana Committee, constituted under Section 3, to manage the affairs of Gurdwaras and their properties within the State of Haryana. The court found that the Act does not violate Articles 25 ...
Land Reforms – Constitutional Validity – The Supreme Court upheld the constitutional validity of Section 50(a) of the Delhi Land Reforms Act, 1954, which governs the succession of agricultural land holdings. The court ruled that the Act is a special law dealing with agricultural land tenures and falls under Entry 18 of List II of the Seventh Schedule, thus not repugnant to the Hindu Su...
Writ Jurisdiction – Availability of Alternative Remedy – The Supreme Court held that the High Court erred in entertaining the writ petition under Article 226 of the Constitution of India against the assessment order, bypassing the statutory remedies available under the MVAT Act and CST Act. The court emphasized that judicial prudence requires the exhaustion of statutory remedies before...