Civil Procedure – Order 7 Rule 11(d) – Rejection of plaint – Court held that the provisions under the Guwahati Municipal Corporation Act, 1971 do not bar the civil court from entertaining a suit seeking declaration of an existing right to use a drain. The High Court erred in invoking Order VII Rule 11(d) of the CPC to reject the plaint on the grounds of jurisdiction [Paras 1-19]....
Insolvency and Bankruptcy Code – Resolution Plan Approval – Jurisdiction of Adjudicating and Appellate Authorities – Court held that the Adjudicating Authority and the Appellate Authority cannot interfere with the commercial wisdom of the Committee of Creditors (CoC) as long as the resolution plan meets the requirements under Section 30(2) of the IBC – Emphasized that the a...
Insolvency – Operational Creditor's Application – Notice of Dispute – The Supreme Court considered the provisions under Section 9(5)(ii)(d) of the Insolvency and Bankruptcy Code, 2016 – It was held that if a notice of dispute has been received by the operational creditor or there is a record of dispute in the information utility, the adjudicating authority must reject t...
Tenancy and Partnership – Dissolution upon Death – The Supreme Court examined the effect of the death of partners on the tenancy rights of a non-residential premises under Section 12(2) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972. It was held that with the death of both partners and in the absence of a clause permitting the continuation of the partn...
Contempt of Court – Loan Repayment Defaults – The appellants, who guaranteed the repayment of a loan and offered immovable properties as security, failed to comply with court orders to deposit certain amounts, leading to their properties being classified as NPAs. The High Court found the appellants guilty of contempt for issuing post-dated cheques that were dishonored, not appearing in...
Public Premises (Eviction of Unauthorised Occupant) Act – Government Accommodation – Retired Employees – The Supreme Court held that retired government employees, including those displaced due to terrorism, do not have an indefeasible right to occupy government accommodation on a nominal license fee. Such accommodation is meant for serving government employees to facilitate their...
Civil Procedure Code – Order 41 Rule 22 – Cross-objections – Court held that it is not necessary for a respondent to file cross-objections to challenge adverse findings if the decree is wholly in their favor – Objections can be raised against adverse findings of the lower court before the appellate court without a cross-objection – Amendments to Order XLI Rule 22 in 1...
Insolvency and Bankruptcy Code – Section 7 – Limitation Period – The Supreme Court held that an application under Section 7 of the IBC would not be barred by limitation if the Corporate Debtor acknowledged the debt before the expiration of the limitation period of three years, thereby extending the period by another three years. An acknowledgment of debt in financial statements o...
Motor Vehicle Act – Compensation for Prosthetic Limb – Continuing Mandamus – The Supreme Court held that compensation for future medical expenses, such as the maintenance and replacement of a prosthetic limb, must be awarded as a lump sum rather than through continuing directions. The Court emphasized that compensation should be determined at one go, taking into account future ev...
Uttar Pradesh Recruitment of Dependants of Government Servants Dying in Harness Rules – Compassionate Appointment – The Supreme Court upheld the High Court's decision to grant the respondent the benefit of compassionate appointment. The Court ruled that the father of the respondent, although termed a Part Time Tubewell Operator, was effectively treated as a regular employee due to ...