Arbitration – Group of Companies Doctrine – The petition called into question the applicability of the Group of Companies Doctrine in Indian arbitration law, particularly under Section 8 of the Arbitration and Conciliation Act, 1996. The doctrine's relevance, interpretation, and the extent to which it can bind non-signatory parties to an arbitration agreement were examined and refe...
Res Judicata – Preliminary Issue – The trial court was directed by the High Court to frame the preliminary issue of res judicata, a mixed question of law and fact. The Supreme Court held that such an approach is undesirable for ensuring speedy disposal of cases. Order XIV Rule 2 of the CPC mandates the court to pronounce judgments on all issues unless it pertains to the jurisdiction of...
Acquisition Proceedings – Lapsing Under 2013 Act – The appeal examines if the acquisition proceedings initiated under the Land Acquisition Act, 1894, and concluded, can lapse under Section 24(2) of the 2013 Act when challenged by a subsequent purchaser. The Court held that a subsequent purchaser is not entitled to claim lapsing of the proceedings under the 2013 Act [Paras 1-44].
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Acquisition Proceedings – Lapsing Under 2013 Act – Subsequent Purchaser – The appeal examines the entitlement of a subsequent purchaser to claim the lapsing of acquisition proceedings under Section 24(2) of the 2013 Act. The Court held that a subsequent purchaser is not entitled to claim lapsing of the proceedings under the 2013 Act [Paras 1-11].
Twin Conditions for ...
Judicial Misconduct – Disciplinary Proceedings – The appellant, a judicial officer, challenged the punishment order issued by the State based on the High Court’s decision following an enquiry report. The Court upheld the High Court’s findings, emphasizing the need for judicial officers to maintain high standards of integrity, honesty, and probity. It was determined that the...
Licensee Status – Injunction for Old Age Home – The appeal examines whether the respondents, as licensees in an old age home, can seek an injunction to stay despite causing disturbance to other inmates and the administration. The Court held that licensees are expected to maintain discipline and good behavior. If their actions disrupt the peace of other inmates, the administration has t...
Legitimate Expectation – Doctrine – Abuse of Power – The Court discussed the doctrine of legitimate expectation, emphasizing that if a government induces a substantive expectation, departing from it without compelling public interest constitutes abuse of power. The respondents' expectation of merger into the BES was based on government actions and assurances, and its denial w...
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...
Application for Sanction for Construction – Vested Rights – The Court held that merely submitting an application for sanction for construction does not create any vested right in favor of the applicant. The statutory provisions do not confer any automatic entitlement to approval merely by submission of the application [Paras 1-3].
Discontinuation of Scheme – No Veste...
Arbitration – Appointment of Arbitrator – Absence of Written Agreement – The Supreme Court held that in the absence of any written contract containing the arbitration agreement, Section 11(6) of the Arbitration and Conciliation Act, 1996 shall not be applicable, and therefore, an application under this provision shall not be maintainable. The parties themselves had agreed on a pr...