Municipal Corporation Act – Land Acquisition – Appellant challenged notices for land acquisition under Section 299 for road widening – Claimed previous compensation not paid, lack of Central Government sanction, and procedural non-compliance under Section 297 – High Court upheld notices, confirmed regular line fixed in 1988 – Supreme Court dismissed appeal, upheld Hig...
Arbitration – Group of Companies Doctrine – Non-signatory company within a group of companies bound by arbitration agreement – Factors considered: mutual intent of the parties, relationship of non-signatory to signatory, commonality of subject matter, composite nature of transaction, and performance of contract – Non-signatories may be bound on consensual theory (agency, as...
Service Law – Regularization – LIC as a statutory corporation bound by Articles 14 and 16 of the Constitution – Ensuring fair and open recruitment process – Supreme Court emphasized that allowing back-door entries into service negates equal opportunity and fairness – LIC cannot be directed to carry out mass absorption without following a fair recruitment process [Para...
Insolvency and Bankruptcy – Moratorium – Exclusion of Time – Section 60(6) of the IBC provides for the exclusion of the entire period during which the moratorium was in force in respect of a corporate debtor in regard to a proceeding as contemplated therein – Proceedings by the corporate debtor during the moratorium period are also covered under this exclusion – Inter...
Constitutional Law – Right to Property – Public Purpose – Appellants contended that they were assured compensation for land utilized for road construction/widening – Municipality and State denied any such assurance – Supreme Court held that deprivation of property must be for public purpose with compensation – Absence of evidence for voluntary surrender by appel...
Stamp Duty – Deed of Assignment – Applicability – Appellant challenged demand for additional stamp duty under Article 45(f) of the Gujarat Stamp Act, 1958 – High Court held the deed of assignment chargeable to stamp duty as both a conveyance under Article 20(a) and a power of attorney under Article 45(f) – Supreme Court overturned High Court decision – Deed of a...
Service Law – Reservation in Promotion – Scheduled Tribe Status – Appellant, a member of the ST category in the undivided State of Bihar, contended he should retain reservation benefits in the successor State of Jharkhand post-bifurcation – Supreme Court examined Sections 72 and 73 of the Bihar Reorganization Act, 2000, and related Articles of the Constitution – Held ...
Mizo Customary Law of Inheritance – Right to Inherit – Under Rule 109(5), a person who supports the deceased until death inherits the properties, even in the presence of a natural heir – Appellant (daughter) who supported her mother, the deceased, was found entitled to inherit the property – District Council Court Aizawl's judgment in favor of appellant based on equitab...
Company Law – Interim Stay of Investigation – The Supreme Court held that the High Court was not justified in staying the investigation and passing consequential directions at the interlocutory stage. The Court emphasized that Section 212(3) of the Companies Act 2013 is directory and not mandatory, and the investigation was within the jurisdiction of the Union Government [Paras 12-16]....
Foreign Trade – Insurance Claim – Interpretation of Shipment Date – Policy terms specified coverage beginning on 14.12.2012. Dispute arose over shipment date of 13.12.2012 vs. 15.12.2012, impacting claim validity. Supreme Court held that 'despatch' must mean the completion of handing over to the carrier (vessel departure date) not loading commencement date. Rejected relia...