Land Acquisition – Market Value – The appeals focus on whether the determination of market value subsequent to the notification can be relevant for land acquired more than two years earlier. The Court held that while appreciation in price can be presumed, market value cannot be assessed by applying suitable deductions based on subsequent notifications. Development activities following ...
Interest Pendente Lite – Inclusion in Awarded Sum – The appeal addresses whether the "sum" awarded under Section 31(7)(a) of the Arbitration and Conciliation Act, 1996, includes interest pendente lite. The Court held that the sum awarded under this provision does include such interest unless there is an agreement to the contrary between the parties [Paras 10-13].
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Land Reforms – Pre-emption Application – Compliance with Section 9 of West Bengal Land Reforms Act – Pre-emptors must deposit entire sale consideration with additional 10% before further enquiry – Non-compliance renders pre-emption application not maintainable [Paras 1-9].
Deposit Requirement – Mandatory Condition – Failure to deposit full sale cons...
Land Acquisition – Compensation Determination – Applicability of Section 24 of 2013 Act – Compensation determined as per circle rate applicable to commercial properties – Award passed in violation of interim stay by Supreme Court – Additional penal interest awarded for delayed payment [Paras 1-33].
Compensation and Interest – Circle Rate for Commerc...
Constitutional Law – Legislative Competence – Concurrent List – Subject of Arbitration falls under Entry 13 of List III – State Legislature can enact law on arbitration subject to President's assent – State Act reserved for and received President's assent prevails over Central law – State Act within legislative competence of State Legislature [Paras 1-9]...
Registration of Documents – Duties of Registering Officer – Role of Registering Officer is not merely mechanical – Required to independently verify statutory compliance – Failure to verify powers of attorney and other statutory requirements can invalidate registration [Paras 1-9, 58].
Judicial Review – High Court's Jurisdiction – Under Article 2...
Income Tax – Reassessment Notices – Transition to New Provisions – High Courts quashed reassessment notices issued under unamended Section 148 after 01.04.2021 – Supreme Court converted such notices into those issued under Section 148A (new provisions) – Directed Revenue to comply with new procedural requirements – Notices deemed to be issued under amended Act t...
Service Law – Recovery of Excess Payments – Misrepresentation and Error – Recovery of increments granted to appellant after ten years of retirement held unjustified – Excess amounts not paid due to any misrepresentation or fraud by appellant – Payments made due to error in interpreting Kerala Service Rules – Equity and judicial discretion favor relief from recov...
Insurance Law – Terrorism Exclusion Clause – Policy Definitions Govern – Insurance claims cannot be rejected based on the definition of terrorism in penal laws – Exclusion Clause in insurance policy defines terrorism – Rights and liabilities of parties governed by terms of policy – Definitions from penal statutes irrelevant [Paras 1-14].
Consumer Pr...
Foreign Medical Graduates – Licentiate and Internship Regulations – Constitutionality – Regulations 4(a)(i), 4(a)(ii), 4(b), and 4(c) of the Licentiate Regulations and Schedule II, 2(a), and 2(c)(i) of the CRMI Regulations challenged – High Court upheld regulations ensuring minimum standards for foreign medical graduates [Paras 1-10].
Judicial Review – St...