Contractual Dispute - Civil appeal challenging the judgment of Jammu and Kashmir High Court regarding enforcement and interpretation of contractual terms related to the tender awarded for transportation services - High Court had entertained a writ petition claiming damages for the loss of revenue due to delayed start of the contract period - Supreme Court holds that disputes purely arising out of ...
Constitutional Law – Article 226 – Protocols for Funeral Rites – Supreme Court upheld a mutually agreed protocol and Standard Operating Procedure (SOP) between the Parsi Panchayat Board and the Union Government – The SOP ensures the observance of Parsi Zoroastrian funeral rites while adhering to Covid-19 safety guidelines – This decision resolves the dispute between t...
Appeal against judgment and decree involving partition and interpretation of a Will concerning property at C-316, Defence Colony, New Delhi. The dispute focuses on the barsati room and terrace atop the first floor of the property.
Repudiation of Insurance Claim – Analysis of Material Suppression – Appellant’s claim repudiated by respondent insurance company on the grounds of non-disclosure of pre-existing insurance policies held by the insured-deceased – NCDRC upheld repudiation – Supreme Court finds repudiation to be unjustified due to lack of adequate evidence supporting respondent’s cl...
Civil Procedure – Modification of Consent Decree – Court's Inherent Powers – Supreme Court held that a consent decree can be modified under Sections 152 and 153 read with Section 151 of the CPC if it is vitiated by fraud, misrepresentation, or misunderstanding – The application for modification should be treated under the proviso to Order 23 Rule 3 read with Section 151...
Freedom Fighters' Pension – Eligibility Criteria – Supreme Court held that benefits under the Swatantrata Sainik Samman Pension Scheme 1980 should be awarded only to those who meet the eligibility criteria specified in the scheme – Respondent's claim was based on being underground during the freedom struggle without sufficient documentary proof or the required Non-availab...
Partition Suit – Family Settlement – Plaintiffs sought partition and possession based on an agreement for the settlement of family property (Exhibit-A6) – Trial court divided the property but denied share to Plaintiff No. 2 – High Court reversed, allowing partition as per the agreement – Supreme Court upheld High Court’s decision, emphasizing mutual agreement am...
Contract Law – Tender Cancellation – Arbitrariness – Appellant challenged the cancellation of the tender for maintenance of underpasses, arguing it was arbitrary and lacked proper justification. The Supreme Court held that the decision to cancel the tender must be based on valid grounds and cannot be arbitrary. The Court scrutinized the reasons provided by the responden...
Land Acquisition – Redetermination of Compensation – Supreme Court held that an application under Section 28A of the Land Acquisition Act cannot be maintained on the basis of an award passed by a Lok Adalat under Section 20 of the Legal Services Authorities Act – The Lok Adalat facilitates a settlement but does not have an adjudicatory role, and its awards, based on compromises, ...
Contract Law – Specific Performance – Sham and Bogus Agreement – Appeal against the decree for specific performance of a sale agreement. Appellants contended that the agreement was sham and intended only to prevent the original owner from selling the property due to his vices. Supreme Court rejected the contention, holding that there was no reliable evidence to prove the agreemen...