Civil Law – Adverse Possession – Inadequate Pleadings and Proof –Court, in this case, clarified the legal principles governing the claim of adverse possession. The Court emphasized that such a claim requires adequate pleadings and proof, including the establishment of continuous, peaceful, and open possession adverse to the true owner for over twelve years. [Para 9, 12-16]
Evi...
Late Payment Surcharge Dispute – Request for payment of Rs.1376.35 crore as LPS by Adani Power Rajasthan Limited (APRL) from Rajasthan Discoms under PPA-2010 – Applicant relies on Article 8.3.5 of the PPA-2010 – Main appeal related to additional payment claims under PPA-2010 due to change in law was previously disposed of [Paras 2, 4].
Judicial History – The Su...
Public Law – Legitimate Expectation – FPS vacancies canceled by State in light of 2013 Act – Respondent claimed legitimate expectation based on prior selection – Supreme Court held legitimate expectation cannot prevail over statutory reforms required by the 2013 Act – Decision in public interest to implement statutory mandate upheld [Paras 9-22].
Estoppel...
Arbitration – Dispute over Final Settlement – Appeals against orders of High Court appointing arbitrator – Appellant insurance company argued the claim was fully settled – Respondent claimed settlement was under coercion and sought further arbitration – Supreme Court examined whether execution of discharge voucher precludes arbitration [Paras 1-84].
Full ...
Real Estate Transaction – Refund of Advance Payment – Appeal against the rejection of the suit for refund under Order 7 Rule 11 of the CPC – Appellant claimed a refund of Rs. 40,14,500 paid as an advance in a land sale agreement – Appeal allowed for refund of advance payment with interest. [Para 2, 5-6]
Contractual Obligations – Interpretation of Agreemen...
Land Acquisition – Compensation Enhancement – Review petitions allowed by High Court on basis of Supreme Court's earlier remand in related case (Bhola Nath Sharma) – Subsequent developments: High Court re-enhanced compensation to Rs. 2000/- per sq. yard and Supreme Court dismissed SLP against this – Ground for High Court's review decision no longer valid – Sup...
Service Law – Void Appointments – Teachers appointed directly by school management without following statutory procedures – Supreme Court held such appointments to be void ab initio as they contravened statutory provisions – Appointments made without adherence to prescribed rules are unsustainable [Paras 1-32].
Judicial Propriety – Consistency in Tribunal...
SARFAESI Act - Auction Sale Invalidity – Civil Appeal – Invalidation of auction sale confirmed by the High Court, DRT, and DRAT due to non-compliance with mandatory notice requirements under the Security Interest (Enforcement) Rules, 2002. Appellants' status reverted from owners back to tenants. Directions issued for the return of auction money with enhanced interest due to Bank...
Arbitration Law - Reversal of High Court Order – Admissibility of Agreement Post Ex-parte Decree Revocation – Supreme Court Appeal – Civil Appeal where Supreme Court reverses High Court’s order affirming arbitrator’s award. The trial pertained to disputed land owned by the State of Madhya Pradesh, allocated to Bhopal Municipal Corporation (BMC) for bus stand construct...
Jurisdiction and Interpretation of Environmental Laws – Role of Courts – Appeal against High Court order – The High Court in review jurisdiction erroneously interfered by relying on evidence produced post-decree, concerning land declared as reserved forest. Held – High Court exceeded its jurisdiction in review by effectively acting as an appellate court and reversing its ow...