Land Acquisition – Release of Acquired Lands – Petitioners seeking mandamus for release of their acquired lands under clause 7 of the policy dated 14.09.2018 – State of Haryana decided to release lands not utilized by respondents – Petitioners’ lands part of public purpose projects, hence non-releasable. [Paras 1, 10]
Land Acquisition Act, 1894 & RFCT...
Partition Suit Involving Property Misrepresentation – Trial court's decree of partition based on alleged misrepresentation in executing Ext.A2 Release Deed overturned – High Court found no evidence of misrepresentation – Ext.A2, A4, and A5 deeds were not nullified, leading to dismissal of the suit for partition. [Paras 11-12, 18-19]
Execution of Release Deed – Ext.A2...
Condonation of Delay - Application for condonation of delay of 215 days in re-filing the appeal - Delay condoned. [Para 2,5]
Ancestral Property - Validity of Will - Plaintiffs claiming suit properties to be ancestral and seeking a declaration of their rights - Defendant setting up a will excluding plaintiffs - Will duly proved and accepted by lower courts - Exclusion of natural heirs not a susp...
Insider Trading – Presumption of Communication – UPSI: Allegations against the appellants for insider trading based on familial relationships and trading patterns were dismissed due to lack of evidence showing communication of UPSI. The court emphasized the necessity of establishing foundational facts before drawing inferences and rejected the presumption based solely on circumstantial...
Designs Act - Registration of design - Prima facie case - Grant of interim reliefs - Plaintiff's design of ceiling fan registered on 8th September, 2018 - Defendant alleged publication of plaintiff's design prior to registration - Material placed on record indicating social media posts and invoices in public domain before registration - Court finding that plaintiff's design may be hit ...
Service Law – Misconduct – Quantum of Punishment: The respondent, a Postal Assistant, committed fraud involving fraudulent withdrawals in 85 RD accounts and non-credit of deposits in 71 RD accounts, defrauding Rs. 1,659,065. Despite the respondent's subsequent deposit of the defrauded amount with interest, the Supreme Court held that this did not mitigate the gravity of the miscond...
Arbitration – Pre-deposit Requirement – Section 19 of MSMED Act: The court held that the pre-deposit of 75% of the awarded amount under Section 19 of the MSMED Act is a mandatory requirement when challenging an arbitral award under Section 34 of the Arbitration and Conciliation Act. The court overruled the High Court's decision that treated the pre-deposit requirement as directory ...
Insolvency Resolution Process Costs – Priority of Payments – Workmen’s Dues: The Supreme Court held that wages/salaries of workmen/employees who actually worked during the CIRP period and while the Corporate Debtor was managed as a going concern should be included in the CIRP costs. These dues are to be paid in full with first priority under Section 53(1)(a) of the IBC, 2016. How...
Arbitration – Interim Measures – Deposit of Rental Amounts: The Supreme Court held that the arbitral tribunal should not have directed the appellant to deposit 100% of the rental amount due for the period between March 2020 and December 2021 by way of interim measures when there was a serious dispute regarding the liability of rental payments during the Covid-19 pandemic under the forc...
relief must come with clean hands – Petitioners had no title or right to the land they Discretionary relief – Clean hands doctrine – A person seeking discretionary occupied – Court cannot protect or advance an illegality – Petitioners were rank trespassers over government land. [Para 4]
Adverse possession – Applicability – Adverse poss...