Urban Land Ceiling – Possession and Allotment – Landowner's excess land acquired under the Tamil Nadu Urban Land (Ceiling and Regulation) Act, 1978 – Landowner's letter indicated voluntary surrender of possession in 1980 – High Court erroneously presumed landowner retained possession based on inspection reports without examining records or letter – Supreme Cou...
Tenancy Law – Validity of Tenancy – Respondent claimed tenancy rights based on an agreement from 1975 allegedly executed by a power of attorney holder of the original owners – Dispute over the authority of the power of attorney holder to induct tenants – Lower courts found no objection raised by original owners from 1975 to 1994, implying consent to the tenancy – Supr...
Service Law – Reinstatement with Back Wages – Respondent dismissed from service after being suspected of involvement in a fire incident at the Bank – Central Government Industrial Tribunal found misconduct unproven but ordered compensation in lieu of reinstatement due to loss of confidence – High Court quashed Tribunal's award and ordered reinstatement with full benefit...
Civil Procedure – Adjournments – Misuse by Defendant – Petitioner-defendant repeatedly sought adjournments, delaying cross-examination of plaintiff’s witness in eviction suit – Over ten adjournments granted from 2015 to 2019, with costs imposed twice – Despite High Court's final warning, petitioner failed to utilize last opportunity for cross-examination &nd...
Land Acquisition – Compensation Determination – State acquired land for constructing government quarters and a road – Initial possession taken in 1984 and 1992 – Market value assessed by Reference Court at Rs. 70 per square feet – High Court reduced compensation to Rs. 29 per square feet – Supreme Court restores compensation to Rs. 70 per square feet – Ded...
Quashing of Orders – Section 148 of the Negotiable Instruments Act – Deposit of Compensation – Section 482 Cr.P.C. – Petition to quash orders directing deposit of 20% compensation during the pendency of appeal – Held, Section 148 empowers the appellate court to order deposit at any stage during appeal – The provision starts with a non-obstante clause, overriding...
Civil Procedure – Reduction of Compensation – Appellate Power – High Court reduced compensation awarded by Tribunal in an appeal filed by the claimant seeking enhancement – High Court construed functional disability at 20% instead of 50% assessed by Tribunal without cross-objection or appeal from Insurance Company – Supreme Court held High Court erred in exercising Or...
Income Tax – Advance Tax and Interest – Assessee's liability for interest under Section 234B – Assessee, a non-resident company, contended no liability due to the payer's default in deducting tax – Supreme Court held that prior to financial year 2012-13, assessee could reduce advance tax liability by the amount deductible at source – Post-2012 amendment introd...
Service Law – False Declaration and Suppression of Facts – Employee failed to disclose criminal conviction during application and document verification – Terminated after discovery – High Court quashed termination relying on Avtar Singh v. Union of India (2016) 8 SCC 471 and benefit of Section 12 of Probation of Offenders Act – Supreme Court emphasizes employer's ...
Judicial Review – Tender Process – Scope and Limitations – Judicial review of contractual matters is limited to checking arbitrariness, irrationality, unreasonableness, bias, and mala fides – Courts should not substitute their decision for that of the tendering authority – The process must be lawful, not necessarily sound – Transparency and fair play are essenti...