Land Acquisition – Enhancement of Compensation – Section 18 of the Land Acquisition Act, 1894 – Appellants challenged the compensation awarded by the Land Acquisition Officer, seeking enhancement – Reference Court increased compensation – High Court partly allowed appeals, reducing compensation – Supreme Court observed that future use of acquired land for indust...
Judicial Review of Commercial Decisions – Supreme Court's power under Article 226 to issue writs – High Court's discretion to entertain a writ petition – Restrictions and exceptions to the rule of alternate remedy – Considerations of natural justice, jurisdiction, and fundamental rights – Assessment of public interest in issuing a mandamus. [Paras 7, 97-110]
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Civil Suit – Grant of conditional leave to defend – Defendant challenges the Trial Court’s order granting conditional leave to defend – Defendant disputes financial transactions and execution of handwritten undertaking – Defendant failed to comply with the Trial Court’s directions and delayed approaching the Court – Defendant’s conduct indicates an i...
Insolvency Law – Admission of CIRP Application – NCLAT admitted the application under Section 9 of the IBC, based on additional documents taken on record during the final decision – Supreme Court held that admitting additional documents without providing adequate opportunity for the corporate debtor to respond was procedurally improper – The case was remanded to NCLT for re...
Enhancement of Compensation in Motor Accident Claim – Civil Appeal for enhanced compensation from Motor Accident Claims Tribunal order – Tribunal's award enhanced by High Court – Appellant seeks further enhancement. [Paras 1-3]
Facts and Background – Road accident dated 23.04.2013 – Appellant sustained injuries leading to 17% whole body disability &nd...
Improper Acceptance of Nomination – Challenge to Election of Karikho Kri – Allegations of non-disclosure of assets and government dues – High Court declared election void but Supreme Court reversed decision, holding that disclosures were substantial and non-disclosures did not materially affect the election [Paras 9, 13, 27, 34, 43, 50].
Non-Disclosure of Assets &nda...
Injunction – Restraining Sale of Property – Appellants restrained from selling disputed property till further orders – Appeal against Single Judge's order in Original Suit for partition, declaration, and permanent injunction – Court maintaining status quo to protect property rights during litigation. [Para 1, 7, 8]
Property Rights – Sale of Property i...
Constitutional Law – Article 14 – Negative Equality – Supreme Court reiterates that Article 14 does not envisage negative equality but only a positive aspect – Relief granted to a few individuals inadvertently or by mistake does not confer any legal right on others to get the same relief – The principle of parity cannot be relied upon to perpetuate illegality or irreg...
Banking Law – Liability for Fraud – The Post Office, like a bank, can be held liable for fraud or wrongs committed by its employees – Such acts of fraud by employees during their course of employment are binding on the bank/post office at the instance of the person damnified by the fraud – Acts of bank/post office employees being within their course of employment give a rig...
Land Acquisition – Compensation for Injurious Affection and Severance – Supreme Court examined the legality of the award concerning the acquisition of a trolley line and related infrastructure – Held that the High Court erroneously denied compensation for rails and sleepers in the unacquired portion of land, affirming the Reference Court’s award under this head – Clar...