Contract Law – Neglect by Promisee: Section 67 of the Indian Contract Act, 1872, stipulates that if the promisee neglects or refuses to provide reasonable facilities for the promisor to perform the promise, the promisor is excused from non-performance. In this case, the High Court’s conclusion that the appellant abandoned the contract was erroneous. The evidence showed the respondents ...
Land Acquisition – Lapse of Proceedings – Section 24 of the 2013 Act: Under Section 24(1)(a) of the 2013 Act, there is no lapse of proceedings if the award is not made as of the date of commencement of the 2013 Act (01-01-2014). Compensation must be determined under the provisions of the 2013 Act. Section 24(2) provides for deemed lapse if the authorities fail to take possession or pay...
Restitution – Principle and Application: Section 144 of the CPC embodies the principle of restitution, which mandates that no party should benefit from a wrong order of the court once it is set aside by a higher court. This principle ensures that parties are restored to their original position as if the erroneous order had never been passed. The High Court's judgment permitting the State...
Mandatory Injunction – Maintainability: A suit for mandatory injunction to execute a sale deed based on participation in a public auction is not maintainable if there is no vested right with the plaintiff. Participation in an auction does not confer any equitable or legal right unless the auction is confirmed by the competent authority.
Restitution – Principle and Ap...
Compensation for Paraplegic Child – Enhancement: The Supreme Court enhanced the compensation awarded to the appellant, recognizing the significant and lifelong impact of the injuries. The Court noted the need for continuous medical care, assistive devices, and the lifelong dependency on an attendant [Paras 1-16].
Future Earnings and Prospects: For calculating the loss of f...
Disciplinary Proceedings – Constitution of Inquiry Committee: The School Tribunal and High Court found the Inquiry Committee's constitution improper under Rule 36(2)(b) of the MEPS Rules, as the President of the Management was not part of the committee. However, the Supreme Court noted that the President was initially a member but was replaced due to ill health, invoking the doctrine of ...
Service Law - Regularization of Non-Teaching Staff – Letters Patent Appeal – Non-teaching staff of PICTES sought regularization akin to teaching staff – Single Judge granted regularization and pay scale difference for 38 months – Government's denial based on financial constraints found arbitrary and discriminatory – Appeals dismissed. [Paras 1-16]
Equ...
Landlord and Tenant Law - Perpetual Lease and Eviction – Revision petition challenging the maintainability of an eviction petition filed by a perpetual lessee – Held, perpetual lessee with rights akin to ownership can maintain an eviction petition under the Haryana Urban (Control of Rent and Eviction) Act, 1973 – Perpetual lease agreement confers rights similar to ownership, enti...
Constitutional Law - Regularization of Non-Teaching Staff - Appeal against order for regularization and pay difference - Non-teaching staff denied regularization while teaching staff benefitted - Held, denial arbitrary and discriminatory - Regularization upheld based on parity and Article 14 of the Constitution - Government's decision arbitrary, not sustainable. [Paras 15-16]
Regu...
Civil Procedure – Rejection of Plaint under Order 7 Rule 11(d) – Limitation Act, Section 17(1) – The appellant's suit was rejected as barred by limitation. The Supreme Court examined whether the plaintiff had knowledge of the fraud and exercised reasonable diligence. The Single Judge's decision to reject the plaint was upheld, but the differences in interpretation by the ...