Environmental Law – Environmental Clearance and Land Use – Appellant challenged the environmental clearance (EC) and land use modification for a cement grinding unit – NGT dismissed appeal on grounds of limitation and lack of jurisdiction – Supreme Court held challenge to EC barred by limitation but remitted case to NGT for deciding on challenge to land use modification if ...
Civil Law – Interim Injunction – Appellant, Narendra Hirawat and Co., entered into agreements with Sholay Media Entertainment Pvt. Ltd. (SME) for exclusive rights to films – Disputes arose leading to a Deed of Settlement requiring payments by appellant – Non-compliance alleged by SME leading to termination notice – Single Judge granted interim injunction favoring appe...
Motor Vehicles Act - Liability in Road Accidents – Appeal challenging the apportionment of liability by the Tribunal – Accident involving an Innova car and a tanker – Tribunal held insurer of the Innova car fully liable – Held, liability should be apportioned between insurers of both vehicles – Rule of strict liability applied – Compensation split with 70% to th...
Land Acquisition - Assessment of Market Value - Enhancement - Landowners entitled to highest market value - State of Haryana produced several sale deeds for acquired land - Court found sale deed No. 11511 (dated 10.01.2006) reflecting highest price - Developers purchasing land for residential colonies - Market value increased by 9% per annum - Landowners entitled to enhanced compensation. [Paras 7...
Service Law – Interest on Delayed Payment – Appellant retired from aided college, faced delays in receiving retirement benefits – Writ petition for interest on delayed payment led to Division Bench's acknowledgment of entitlement, but no order due to ongoing inquiry into who was responsible for delay – Supreme Court held appellant entitled to interest, directed college ...
Family Law - Divorce on Grounds of Cruelty – Appeal – Family Court granted divorce to the husband on grounds of cruelty – Wife appealed, challenging the admissibility of electronic evidence and findings of cruelty – High Court upheld Family Court's decision – Held, Family Courts have wide discretion under Section 14 of the Family Courts Act, 1984, to admit evidenc...
Land Law - Partition Proceedings – Challenge under Article 226 to partition proceedings under Section 118 of Punjab Land Revenue Act, 1887 – Petitioner and another company 100% subsidiaries of Emaar-MGF Limited – Petition for consolidation of partition applications rejected as entities are separate corporate bodies – Argument of inequity and lack of contiguity dismissed &nd...
Insolvency Law – Withdrawal of CIRP Proceedings – Majority of home buyers settled dispute with developer – NCLAT upheld NCLT's admission of insolvency proceedings – Supreme Court exercised powers under Article 142, permitting withdrawal of CIRP proceedings in larger interest of home buyers awaiting possession for over eight years – Ensured business continuity and ...
Telecom Law – Cancellation of Licences – Appellant’s demand for a refund of entry fee post-cancellation of UAS licenses in 2G spectrum allocation – Supreme Court held appellant in pari delicto with DoT and officials of the Union government – Claim for refund rejected based on the principle that courts do not assist a party equally at fault – Appellant benefitted...
Constitutional Law – Quo Warranto – Petition challenging appointment of Vice Chancellor of Sardar Patel University – Allegation of non-compliance with UGC Regulations mandating ten years’ experience as professor – Search committee composition questioned – Supreme Court held UGC Regulations binding on state universities receiving central financial assistance &nda...