Civil Procedure – Rejection of Plaint – Limitation – Plaintiffs filed suit in 1987 challenging tenancy order and sale certificate from 1963 and 1954 respectively – Claimed lack of notice and fraud in proceedings – Supreme Court emphasizes limitation as a mixed question of fact and law, asserting that claims of knowledge at a particular time must be accepted at Order 7...
Service Law – Judicial Appointments – Criminal Antecedents – Candidate involved in multiple criminal cases acquitted, but not honorably – High Court allowed writ petition for appointment to Civil Judge post – Supreme Court emphasized the importance of judicial officers’ integrity and public confidence – Found committee's decision to deny appointment ba...
Civil Procedure – Disclosure and Discovery – Commercial Suits – Appellant sought to place additional documents on record under Order VII Rule 14(3) CPC – Commercial Court and High Court dismissed the application – Supreme Court analyzed Order XI Rule 1 applicable to commercial suits, emphasizing the need to disclose all documents in possession at the time of filing &n...
Correction of Date of Birth – Delay in Claim – Held, correction of date of birth cannot be claimed as a matter of right at the fag end of service – Such claims should be made without unreasonable delay – In this case, the petitioner sought correction after nearly two decades of service, which is unjustified [Paras 17-18].
Judicial Precedents – Consistent ...
Arbitration Law – Interim Measures – Appeal against High Court’s order directing Commercial Court to adjudicate applications under Section 9 of the Arbitration Act post-constitution of an Arbitral Tribunal – Court’s power to entertain applications under Section 9(1) once the Tribunal is constituted – Supreme Court held Section 9(3) restricts court's role unl...
Municipal Law – Demolition of Building – Appeal against demolition order under Section 322 of Karnataka Municipal Corporations Act, 1976 – Building demolished within three days of notice – High Court held demolition lacked statutory notice period – Supreme Court upheld High Court’s finding but modified compensation amount – Notice served on 6.1.1995; demol...
Insolvency Law – Limitation for Appeals – Appellant sought to file an appeal beyond the 45-day period allowed under Section 61(2) of the IB Code – NCLAT dismissed the appeal, holding it lacked jurisdiction to condone delay beyond 15 days – Supreme Court upheld NCLAT's decision, emphasizing the strict statutory limits on condoning delay in insolvency proceedings [Paras 1...
Compassionate Appointment – Eligibility of Divorced Daughter – Appeal against High Court's decision directing consideration of respondent’s application for compassionate appointment – Respondent’s mother, a government employee, died while respondent was married – Respondent obtained divorce after mother’s death and applied for compassionate appointment...
Land Acquisition – Compensation Determination – Appeals against High Court’s judgment reducing compensation for acquired land from Rs. 112,000 per acre to Rs. 88,400 per acre – Notification under Section 4 issued on 06.06.1988 for acquiring land for a spinning mill – Reference Court considered sale deed dated 24.05.1979 and added 12% annual increase with a 25% cut, de...
Administrative Law – Jurisdiction – Appeal against High Court of Uttarakhand’s dismissal of writ petition challenging Labour Court's award – Respondent's termination deemed illegal by Labour Court with reinstatement and back wages ordered – Writ petition originally filed in High Court of Allahabad – Post-creation of State of Uttarakhand, jurisdiction tra...