Land Acquisition – Procedural Compliance – The acquisition of land for constructing grade separators and other structures was challenged on the grounds of non-compliance with procedural requirements under Rule 5(2) of the Tamil Nadu Highways Rules, 2003 – Supreme Court held that non-filing of a statement by the Highways Department in response to landowner objections does not viti...
Murder – Quantum of Punishment – Conviction under Section 302 IPC mandates either death or imprisonment for life along with a fine – Minimum sentence for murder under Section 302 IPC is imprisonment for life – High Court's reduction of sentence to period already undergone (approximately seven years and ten months) was held impermissible and unsustainable by the Supreme ...
Land Acquisition – Public Interest vs. Private Interest – The case involves the acquisition of appellants' property for constructing a road – The Supreme Court emphasized that public interest, particularly when urgent and pressing, must take precedence over private interests to the necessary extent – The Court underscored that in a democratic society governed by the rul...
Service Law – Reinstatement Post-Acquittal – Employee can be reinstated only upon honourable acquittal, not if acquitted on benefit of doubt – Respondent constable dismissed from service for gross misconduct involving extortion and misuse of a firearm – Acquitted in criminal trial on benefit of doubt, not on merits – Supreme Court upholds the principle that department...
Amendment of Pleadings – Legal Principles – High Court permitted plaintiffs to amend plaint seeking enhancement of damages in a suit for specific performance – Supreme Court reiterated principles under Order 6 Rule 17 CPC: amendments should be allowed to avoid multiplicity of proceedings, provided they do not cause injustice, withdraw admissions, or introduce time-barred claims &...
Arbitration – Post-Award Interest – Arbitrator has discretion to grant post-award interest on part of the sum – Section 31(7)(b) of the Arbitration and Conciliation Act, 1996 does not fetter arbitrator’s discretion – If arbitrator does not grant post-award interest, award-holder is entitled to interest at eighteen percent per annum – Arbitrator’s discretio...
Civil Procedure – Breach of Injunction Order – Appropriate Remedy – Petition challenging criminal complaints for breach of an ad-interim injunction. Held, breach of an injunction should be remedied through Order 39 Rule 2A CPC. Recourse to Section 340 CrPC and Sections 191, 193 IPC is not appropriate for such breaches. Complaints and consequential proceedings quashed. [Paras 8-10...
Corporate Insolvency Resolution Process – Limitation Act Applicability – The appeal centers on the applicability of the Limitation Act, 1963 to applications filed under Section 7 of the IBC. The Supreme Court reaffirms that Section 18 of the Limitation Act applies, thereby allowing acknowledgment of debt to reset the limitation period. NCLAT’s reliance on Babulal Vardharji Gurjar...
Land Allotment – Disabled Ex-Servicemen – Allotment Cancelled Due to Non-Compliance – Appeal concerns land allotment to a disabled ex-serviceman which was deemed canceled due to non-possession within six months as per Rule 7(4) – Supreme Court emphasizes that inter-departmental communication cannot be treated as a letter of allotment, and claims based on such communication ...
Judicial Service Examination – Procedural Fairness – Appeal challenging the dismissal of a writ petition concerning discrepancies in the written examination for direct recruitment to Punjab and Haryana Superior Judicial Services. The appellant's objections regarding missing questions in the Criminal Law paper, lack of instructions for the General Knowledge paper, and the non-disclo...