Constitutional Law – Article 131 Jurisdiction – State of West Bengal challenges the authority of the CBI to register cases post-withdrawal of consent under Section 6 of the DSPE Act – Issue involves interpretation of Article 131 and its limitations – Supreme Court's original jurisdiction exclusive and includes disputes involving the existence or extent of a legal right ...
Tenancy and Possession – Recovery of Premises – Plaintiff company, lawful tenant of the suit premises, sought recovery of possession from defendants – Defendant No.1 initially permitted temporary occupation but failed to vacate as promised – Defendant No.1 inducted third parties into premises without authority – Court held that plaintiff entitled to recovery of posses...
Land Acquisition – Quantum of Compensation – The appeals arose from a dispute regarding compensation for land acquired by NOIDA. The Supreme Court evaluated the determination of fair market value and enhancement of compensation from INR 222-233 per sq. yd. to INR 449 per sq. yd. by the High Court. The Court utilized the principle of guesstimation, emphasizing the need for a holistic vi...
Land Acquisition – Compensation – Appellant owned land acquired for construction of a flood protection wall – Land Acquisition Officer awarded Rs. 5,61,000 per hectare – Appellant claimed higher compensation of Rs. 500 per sq. ft. – Reference Court enhanced compensation; High Court reversed and ordered refund with interest – Supreme Court held appellant entitled...
Divorce – Irretrievable Breakdown of Marriage – Exercise of Article 142 Powers – Appeal by husband challenging the High Court’s order dismissing his divorce petition – Husband and wife lived together for only 43 days in total – Separation period of over 22 years – Continuous legal battles and acrimonious relationship – Supreme Court exercises powers ...
Land Acquisition – Compliance with Section 5A – The Supreme Court analyzed whether the procedures under Section 5A of the Land Acquisition Act, 1894, were duly followed. It emphasized that the Collector must provide an opportunity for personal hearing to the objectors and consider their objections with due application of mind. The failure to do so can vitiate the acquisition proceeding...
Land Acquisition – Determination of Market Value – Assessment of market value of acquired land for flood protection wall – Appeals concerning compensation awarded by Land Acquisition Officer and Reference Court – High Court’s rejection of Blue Zone classification as per statutory requirements – Supreme Court upholds Reference Court’s award for market value...
Order II Rule 2(3) CPC – Leave to Sue Separately – Respondent sought leave under Order II Rule 2(3) CPC for filing a separate suit for recovery of arrears and damages – Trial Court and High Court found no relinquishment or omission in the first suit to bar the second suit – High Court affirmed separate causes of action for the two suits – Appeal dismissed – Cour...
Education Law – Examination Results Cancellation – Violation of Principles of Natural Justice – Lucknow University’s negligent conduct in withholding a student’s B.Sc. results and subsequent failure to communicate the cancellation of exams – High Court quashes University’s actions as arbitrary and illegal – Petitioner awarded costs for damages to edu...
Adverse Possession – Limitation and Burden of Proof – Appellant-State claimed ownership based on adverse possession since 1958 following the donation of land for constructing a Veterinary Hospital – Trial Court decreed possession in favor of plaintiff due to lack of proof of donation – First Appellate Court reversed, acknowledging adverse possession – High Court resto...