Specific Performance – Agreement to Sell – Readiness and Willingness – Sections 16 and 20 of the Specific Relief Act – Plaintiff must not only aver but also prove readiness and willingness to perform the essential terms of the contract – Plaintiff’s failure to disclose financial capacity and readiness in cross-examination leads to adverse inference – Refun...
Consumer Protection – Deficiency in Service – Conversion of Leasehold to Freehold – The Supreme Court held that the consumer forums do not have jurisdiction to entertain complaints regarding the conversion of leasehold property to freehold, as this does not constitute a "service" under the Consumer Protection Act, 1986. The conversion fee paid for transferring the title...
Employment Law – Manipulated Appointment – Fraudulent Selection Process – The Supreme Court allowed the appeal, overturning the Division Bench’s judgment and restoring the Single Judge’s decision. The court held that the reinstatement of workmen appointed through a manipulated and fraudulent process, without being listed by the Employment Exchange, was unjustified. Th...
Temple Lands – Ownership and Management – The presiding deity of a temple is recognized as the owner of land attached to the temple. The Pujari, tasked with performing puja and managing the deity's properties, does not hold ownership but serves in a managerial capacity. The Supreme Court upheld the Madhya Pradesh Government’s circulars directing the deletion of Pujari names f...
Royalty – Controlled Release of Water – The expression 'Royalty' is compensation for rights and privileges enjoyed by the grantee, typically derived from agreements between the grantor and the grantee. Unlike a tax imposed statutorily without reference to special benefits, royalty is based on the benefits conferred through an agreement. Controlled release of water for INDSIL an...
Disciplinary Enquiry – Delay and Prejudice – Allegations against the respondent, a police officer, included the unauthorized operation of a "Gunda Squad" leading to a custodial death. The Tribunal quashed the charge-sheet due to a two-year delay, deemed prejudicial to the respondent’s career prospects. The Supreme Court held that delay alone does not invalidate proceedi...
Contract Law – Payment Disputes – Jurisdiction of Writ Court – The Supreme Court held that the Gauhati High Court erred in directing payment to the respondent based on the Joint Survey Report for road construction without considering the disputed facts about the authenticity of the report and the quantum of work done. The Court emphasized that such disputed questions of fact shou...
Jurisdiction of Civil Court – Enforcement of Secured Assets – SARFAESI Act – Scope of Section 17 and Section 34 – Held, civil court does not have jurisdiction to negate the enforcement rights of a secured creditor under the SARFAESI Act – Disputes regarding secured assets fall within the jurisdiction of the Debt Recovery Tribunal (DRT) – Civil court orders canno...
Alternative Remedy – Writ Jurisdiction – The Supreme Court emphasized that while the existence of an alternative remedy under the statute is not an absolute bar to the maintainability of a writ petition under Article 226 of the Constitution, a writ petition should be entertained only in exceptional circumstances where there is a breach of fundamental rights, a violation of the principl...
Abetment of Suicide – Presumption under Section 113-A Evidence Act – The case involved the suicide of the wife within eight months of marriage due to alleged cruelty by the husband and mother-in-law. Section 113-A of the Evidence Act provides for a presumption of abetment if a married woman commits suicide within seven years of marriage and is subjected to cruelty by her husband or his...