Service Law – Disciplinary Proceedings – Quantum of Punishment – Supreme Court emphasized that the question of quantum of punishment in disciplinary matters is primarily for the disciplinary authority – Judicial review by High Courts and Administrative Tribunals under Article 226 of the Constitution is limited to the applicability of Wednesbury principles – Interferen...
Civil Appeal – Interpretation of Contract Terms – Arbitration Clause – The Supreme Court deliberated on whether the arbitration clause from a primary contract was effectively incorporated into a subsequent Letter of Intent, thereby governing the dispute resolution mechanism for the parties involved. [Para 5-7, 16-17]
Contractual Reference to Arbitration Clause &ndash...
Property Law – Partition and Settlement – Joint Family Property – a dispute concerning the ownership of properties arising from a joint Hindu family. The appellants contested the High Court's decision which allowed the respondent's claim on the Kamla Nagar property and dismissed the appellants' claim on the Malcha Marg property. [Para 1-4]
Kamla Nag...
Civil Appeal – Eligibility for LPG Distributorship – Interpretation of Advertisement Terms – interpretation of an advertisement for LPG distributorships and the eligibility criteria related to the location of the distributorship. [Para 2-7, 14-15]
Advertisement Interpretation – Location Specification for Distributorship – The Court examined the specifics ...
Land Acquisition – Withdrawal from Acquisition – Section 48(1) of the Land Acquisition Act, 1894 – Notification dated 07.07.2005 exempting land from acquisition – Appellant's failure to challenge said notification – Subsequent order dated 25.04.2008 attempting to cancel exemption based on Government Order dated 15.09.2006 – Supreme Court held that Government...
Dispute on Partition and Legal Heir Status – Involving agricultural land in Tamil Nadu – Original suit filed for partition and possession by Respondent No. 1 and Respondent No. 2 against Respondent Nos. 3 and 4 – Appellants, later impleaded, claimed shares as legal heirs of Muthusamy Gounder, the common ancestor – Issue centered on the validity of marriages and legitimacy o...
Civil Procedure – First Appeal – Order 41 Rule 31 CPC – Duty of First Appellate Court – Supreme Court emphasized that the first appellate court must reappreciate the evidence, consider the arguments, and apply the law – Judgment must reflect conscious application of mind and record findings supported by reasons on all issues – Appellate court failed to discharge...
Interpretation of Statutes - Rules of interpretation - Application to Section 17-A of the Prevention of Corruption Act, 1988 - The statute must be read as a whole and each word used by the legislature is required to be assigned a meaning to give a meaningful definition - Words in a statute are used precisely and not loosely - Intention of the legislation predominates while interpreting the statute...
Validity of Wills – Dispute over the last will of M.N. Ranganathan. The trial court’s dismissal of the suit contesting the will dated 27-01-1996 (Ex.D1) was challenged. The appellants asserted that the will dated 30-12-1992 (Ex.P11) was the valid last will of Ranganathan. [Paras 1, 3, 33-34, 43, 61-62]
Health Condition of Testator – Consideration of the testator&rsqu...
Judicial Service – Promotion – LDCE Eligibility – Supreme Court addressed the need to modify the eligibility criteria for promotion through LDCE for the DHJS – Recognized that in the High Court of Delhi, both Civil Judges (Junior Division) and Civil Judges (Senior Division) perform similar duties, differing mainly in pay scales – Modified criteria to require 7 years q...