Property Law – Lease Cancellation – Misrepresentation – Allotment of residential plot obtained by respondent through false affidavits – Lease cancellation justified as it was based on concealment of material facts and breach of allotment terms – High Court's order set aside – Respondent not entitled to equitable relief due to fraudulent conduct [Paras 3-7, 2...
Consumer Protection – Transitional Provisions – Applicability of Acts – Complaints filed before the commencement of the Consumer Protection Act, 2019 governed by the 1986 Act – Requirement under the 2019 Act for deposit of 50% of awarded amount not applicable to complaints filed under the 1986 Act – Appeal to be heard under provisions of the 1986 Act [Paras 2-4, 6, 27...
Corporate Law – NCLT Proceedings – Continuation Beyond 8th Stage – Future Retail Limited (FRL) granted liberty to approach High Court for continuation of NCLT proceedings beyond the Meeting of Shareholders and Creditors – High Court directed to consider contentions and pass appropriate order uninfluenced by present observations – Parties' submissions regarding the...
Family Law – Divorce – Irretrievable Breakdown of Marriage – Section 13 Hindu Marriage Act – Husband and wife cohabited for only 15 days – Marriage not consummated – Wife initiated criminal proceedings against husband and family alleging dowry demands – Held: Marriage has irretrievably broken down with no chance of reconciliation – Divorce granted to...
Administrative Law – Regulations – Quashing of Regulations for Lack of Approval – Council of Architecture issued regulations without the Central Government's approval as mandated by Section 45(1) of the Architects Act – High Court quashed the regulations – Supreme Court emphasized the necessity of Central Government approval for regulations under Section 45(1) &nd...
Urban Planning – Reservation of Land – Lapsing of Reservation – Land reserved under Development Plan for public purposes not acquired for over ten years – Owners issued purchase notice under Section 127 of MRTP Act – No steps taken for acquisition within one year – Reservation deemed to have lapsed – High Court erred in directing acquisition post-lapse &nd...
Civil Procedure Code 1908 (CPC) - Commercial Suits - Time Limit for Filing Written Statement and Consequences of Default: Strict timelines for filing a written statement are mandated, with a maximum of 120 days allowed from the date of service of summons. Beyond this period, the defendant forfeits the right to file the written statement, and no court can extend this time.
Commer...
Insurance Law – Theft of Vehicle – Repudiation of Insurance Claim – Delay in Intimation: When the complainant lodged the FIR immediately after the theft and the police, after investigation, arrested the accused and filed a challan, the insurance company could not repudiate the claim solely based on the delay in notifying the insurance company of the theft. The Supreme Court held ...
Banking Law – Removal from Service – Appeal Against Removal: The appellant, a branch officer, sanctioned a loan limit of Rs. 150,000, later reduced to Rs. 75,000. There was no financial loss to the bank; the decision was in the bank's interest. The appellant had an unblemished service record for 28 years. The punishment of removal for the charges proved was found to be too harsh an...
Land Acquisition – Notification – Pending Proceedings: The acquisition and notifications under Sections 4 and 6 of the Land Acquisition Act were already under consideration in other proceedings before the High Court. To avoid conflicting orders and ensure consistency, all appeals concerning the same acquisition should be heard together. The High Court erred in deciding the present appe...