Alleged Non-Disclosure and Health Issues – Appellant's contention that respondent concealed her age and health condition; trial court finds lack of substantive evidence – Inadequate proof of respondent's pre-marriage surgery and health condition; appellant's claims uncorroborated by documents – Allegations deemed as cruelty towards respondent [Paras 3, 5, 30].
Alle...
Compensation awarded for erroneous examination result: In this Civil Writ Jurisdiction case, the Court granted compensation to petitioner no. 2 for the erroneous publication of her Secondary School Examination result, causing adverse effects on her career and future prospects. The Court held the Board liable for the inordinate delay in responding to the scrutiny request and condemned its irrespons...
Civil Procedure – Review Petition – Trial Court initially rejected plaintiff's application to file a rejoinder – Plaintiff filed review petition, presenting the rejoinder was already filed – Trial Court reviewed its decision and accepted the rejoinder – High Court disapproved, stating review powers were exceeded – Supreme Court held review was justified, all...
Electricity Law – Grant of Licence – Minimum Area of Supply – Appeal against the cancellation of distribution licence – Interpretation of Section 14 of the Electricity Act, 2003, and Explanation to Rule 3 of the Distribution of Electricity Rules, 2005 – Held, 'minimum area of supply' within a municipal council or corporation does not imply the entire...
Civil Procedure – Preliminary Issue – Limitation – Determination of Limitation as a Preliminary Issue – Issue of limitation can be framed and determined as a preliminary issue under Order XIV Rule 2(2)(b) CPC when it can be decided on admitted facts – Though limitation is a mixed question of law and facts, it becomes a question of law when foundational facts determini...
Appeal against the High Court’s decision allowing the writ petition and setting aside the cancellation of the fair price shop licence of respondent No.9.
Specific Performance – Agreement of Sale – Condition Precedent – Agreement of sale stipulated obtaining permission from ULC Authorities within 75 days, failing which the purchaser could reclaim advance payment within 90 days – Defendant terminated agreement when permission was not obtained in time – Plaintiff's delay in taking action until after permission was gra...
Necessary Party – Tests for Determination – Two tests for determining a necessary party: (1) there must be a right to some relief against such party concerning the controversies involved in the proceedings; (2) no effective decree can be passed in the absence of such a party – Plaintiff admitted the suit property was jointly owned by defendant, his wife, and three sons – Ef...
Civil Procedure – Rejection of Plaint – Delay in Reasoning – High Court orally pronounced order rejecting plaint under Order VII Rule 11 CPC but delayed providing reasoned order – Supreme Court held this delay unacceptable, violating principles of justice – Order set aside for lack of timely reasoning – Case restored for reconsideration by the High Court [Paras ...
SARFAESI Act – Powers of District Magistrate – Ministerial Role – Powers exercisable by District Magistrate (DM) under Section 14 of the SARFAESI Act are ministerial – DM is not required to adjudicate disputes between the borrower and the secured creditor or any third party – High Court rightly set aside DM’s order delaying possession until tenant eviction proce...