Landlord-Tenant Dispute – Notice Requirement – Eviction sought under Section 21 – Notice given did not comply with six-month requirement – Application filed after expiry of six months – Tenant did not raise objection at trial or appellate stage – Objection raised for first time in writ petition – High Court allowed writ petition on this ground – Supr...
Civil Suit – Declaration of Ownership – Registration of Sale Deed – Registration subject to adjudication by competent civil court – Cancellation deed cannot be registered unilaterally – Subject matter of pending suit – High Court's reliance on Satya Pal Anand v. State of Madhya Pradesh (2016) 10 SCC 767 correct – Suit to determine rights – Appeal...
Consumer Protection – Pre-deposit Condition – Section 51 of the Consumer Protection Act, 2019 – Pre-deposit of 50% mandatory for appeal before National Commission – Intended to avoid frivolous appeals – Pre-deposit condition distinct from conditions for stay – National Commission can conditionally stay State Commission orders with deposit of entire or higher amo...
Civil Procedure – Additional Evidence in Appeal – Section 107 and Order 41 Rule 27 CPC – Appellate Court's discretion to admit additional evidence – High Court erred in dismissing appeal without deciding application for additional evidence – Appellate Court should consider application and evidence when deciding appeal – Dismissal of appeal without considerin...
Constitutional Law – Proportionality Analysis – Clause 2(iii) of MTT Guidelines prohibiting MTTs for PPE products – Prohibition aimed at ensuring sufficient domestic stock during COVID-19 pandemic – Measure enacted in legitimate state interest of public health and safety – Court applied four-pronged proportionality test to determine validity – Found suitable, ne...
Civil Procedure – Impleadment in Execution Proceedings – Order XXI, Rule 97 and Rule 101 CPC – All questions including right, title, or interest in property arising in execution proceedings to be determined by the Executing Court – Separate suit not required – BDA's applications for impleadment and obstruction dismissed by Executing Court and High Court set aside ...
Insurance Law – Mediclaim Policy – Repudiation – Insured sought mediclaim policy for travel abroad – Insured disclosed diabetes mellitus but not hyperlipidaemia – Suffered heart attack abroad and claimed under policy – Insurance company repudiated citing non-disclosure of hyperlipidaemia – NCDRC upheld repudiation – Supreme Court held policy repudiat...
Constitutional Law - Writ Petition under Article 226 - Motor Vehicles Act - Cancellation of Permits - Due Process - Petitioners' stage carriage permits cancelled without notice due to non-payment of tax during Covid-19 lockdown - Petitioners admitted tax liability but were not given a chance to explain or pay in lump sum before permits were cancelled - Held, Section 86 of the MV Act requires o...
Income Tax – Recalling of Earlier Order – Section 254(2) of Income Tax Act – Powers under Section 254(2) limited to rectifying mistakes apparent from record – ITAT’s jurisdiction does not extend to re-hearing appeals on merits – High Court’s affirmation of ITAT’s recalling order erroneous – Detailed submissions on merits by parties does not con...
Tax Law – Pre-deposit Requirement – Appellant deposited amounts under protest before the assessment order – Contended that these should be adjusted against the pre-deposit required under Section 26(6A) of the MVAT Act for filing an appeal – Supreme Court held that the plain language of the statute requires a deposit of 10% of the disputed tax liability in addition to any am...