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...
Service Law – Leave Encashment – Salary Component – Leave encashment forms part of salary under the Rajasthan Non-Government Educational Institutions Act, 1989 – State responsible for 70% of leave encashment, with the management establishment covering 30% – Arbitrary Rule 5(viii) of the 2010 Rules invalidated as unconscionable and unenforceable [Paras 18-21].
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Service Law – Termination of Services – Suppression of Information – Employee terminated for suppressing material information and making false statements in the verification form regarding criminal antecedents – Court held that suppression of such information impacts the character, conduct, and antecedents of the employee – Employer has the right to consider anteceden...
Motor Accident Claims - Compensation - Enhancement of - Appeal against the award granted by the Motor Accident Claims Tribunal - Claimants sought enhancement of compensation on the grounds of loss of estate, incorrect deduction for personal expenses, and low interest rate - Major sons of the deceased not entitled to compensation based on legal precedents - Only the widow and mother considered as d...
Limitation Act – Applicability to Carriage by Air Act – Rule 30 – Section 3 of the Limitation Act bars the remedy but does not extinguish the right unless expressly provided. Rule 30 of the Carriage by Air Act specifies a two-year limitation for bringing an action for damages, which the appellant argued should include exclusions under the Limitation Act. The court held that Rule ...