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...
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...
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...
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...
Impleadment – Transferee pendente lite – Appellant sought impleadment in an ongoing suit related to the property purchased during litigation – High Court dismissed the impleadment application citing Section 52 of the Transfer of Property Act, 1882 – Supreme Court held that Section 52 does not void such transfers but makes them subservient to the litigation outcome – A...
Contract Law – Tender Cancellation – Arbitrariness – Appellant challenged the cancellation of the tender for maintenance of underpasses, arguing it was arbitrary and lacked proper justification. The Supreme Court held that the decision to cancel the tender must be based on valid grounds and cannot be arbitrary. The Court scrutinized the reasons provided by the responden...
Insurance Liability – Contract of Insurance – Appeal against trial court’s decree holding insurance company liable for compensation and medical expenses paid by employer to its employees – Appellant contends no contract of insurance exists between insurer and employer, policy was an Act policy with limited liability – No contractual obligation to cover medical expense...
Consumer Law – Definition of Consumer – Appeals centered on whether vehicles purchased by a company for the use of its directors fall within the definition of "commercial purpose" under Section 2(1)(d) of the Consumer Protection Act – National Commission held that purchases for the personal use of directors did not amount to "commercial purpose" – Suprem...
Constitutional Law – Maintainability of Writ Petition – Determination of whether the Army Welfare Education Society qualifies as a “State” under Article 12 of the Constitution – Supreme Court analyzes the nature of the society and its functions, concluding that it does not meet the criteria for a “State” – Writ petition under Article 226 is not maint...
Civil Law – Revocation of Power of Attorney – Implied Revocation – Appellant and respondent No. 1 (sisters) purchased property together; appellant later executed a power of attorney (PoA) in favor of respondent No. 1. Appellant retired and returned to India, participating in a sale deed with respondent No. 1. Supreme Court held that this participation amounted to an implied revoc...