Civil Death Declaration – Suit by Legal Heir – Missing Husband for Over 13 Years – Appellant sought the declaration of her husband's civil death under Section 108 of the Evidence Act due to his 13-year absence to claim service benefits – Initial suits dismissed due to non-inclusion of Electricity Department and lack of specific consequential relief claims [Paras 3-5, 9,...
Sugarcane Control Order – Extension of Time – Appellant sought extension of time for setting up a sugar factory under Clause 6C of the Sugarcane (Control) Order, 1966 – High Court dismissed the writ petitions challenging the IEM issued to the appellant – Supreme Court held that time extensions were justified due to litigation and environmental compliance issues – Emph...
Civil Procedure – Amendment of Plaint – Appellants challenged the High Court's decision to permit amendment of plaints to declare void ab initio mortgages created by the defendant hotel – Supreme Court held that allowing such amendments would change the nature of the suit and result in misjoinder of causes of action – Amendment not permissible as it alters the original ...
Civil Procedure – Property Dispute – Suit filed in 1964 concerning possession of land resumed by the State – Supreme Court held that the High Court erred in its approach by relying on inadmissible evidence and not properly considering relevant materials – Directed fresh consideration by the High Court emphasizing correct application of burden of proof and scrutiny of eviden...
Criminal Law – Cheating and Criminal Breach of Trust – Appellants (bus conductors) convicted under various sections of IPC and Prevention of Corruption Act – Allegations included unauthorized printing and selling of bus tickets – Enquiry report by Inspection Committee not admitted as evidence due to lack of original documents – Recovery of tickets found invalid &ndash...
Insolvency Resolution Process – Discretionary Power of NCLT – Section 7(5)(a) IBC – Appellant challenged the CIRP initiated by Axis Bank under Section 7 of IBC – NCLT and NCLAT held that once a debt and default were established, admission was mandatory – Supreme Court held that Section 7(5)(a) confers discretionary power on NCLT – NCLT should consider relevant f...
Electoral Roll Revision – Challenge to Deletion from Electoral Rolls – Petitioners challenge deletion of names from electoral rolls in Parchuru Assembly Constituency – Allegations of arbitrary actions violating principles of natural justice – Respondents contend due process followed, legal remedies available. [Paras 1-13]
Principles of Natural Justice – C...
Environmental Law – Imposition of Damages – Section 33 Wild Life (Protection) Act, 1972 – Forest Department imposed damages of Rs. 10 Crores on respondents for discharging effluents causing environmental damage to the National Chambal Sanctuary – High Court set aside the order for violation of natural justice and lack of authority under Section 33 to impose damages – ...
Specific Performance – Readiness and Willingness – Section 16(c) Specific Relief Act – Plaintiff must prove continuous readiness and willingness to perform his part of the contract – Plaintiff must show availability of funds or arrangement to pay the balance consideration – Mere statement or averment of readiness and willingness in plaint is insufficient – Both ...
Anticipatory Bail – Section 438 CrPC – Seriousness of Offences – Respondent accused of physically assaulting and sexually exploiting the appellant, capturing obscene photographs and videos – High Court granted anticipatory bail despite ongoing investigation and non-cooperation from respondent – Supreme Court set aside anticipatory bail due to the seriousness of the of...