Order II Rule 2(3) CPC – Leave to Sue Separately – Respondent sought leave under Order II Rule 2(3) CPC for filing a separate suit for recovery of arrears and damages – Trial Court and High Court found no relinquishment or omission in the first suit to bar the second suit – High Court affirmed separate causes of action for the two suits – Appeal dismissed – Cour...
Adverse Possession – Limitation and Burden of Proof – Appellant-State claimed ownership based on adverse possession since 1958 following the donation of land for constructing a Veterinary Hospital – Trial Court decreed possession in favor of plaintiff due to lack of proof of donation – First Appellate Court reversed, acknowledging adverse possession – High Court resto...
Hindu Succession Act – Absolute Property – Section 14(1) – Property of a female Hindu to be her absolute property – Objective is to convert limited interest of a wife into absolute ownership if the property was acquired in lieu of maintenance – A Hindu male can create a limited estate in a will for his wife, but it will mature into an absolute estate under Section 14(...
Constitutional Law – Article 131 Jurisdiction – State of West Bengal challenges the authority of the CBI to register cases post-withdrawal of consent under Section 6 of the DSPE Act – Issue involves interpretation of Article 131 and its limitations – Supreme Court's original jurisdiction exclusive and includes disputes involving the existence or extent of a legal right ...
Specific Performance – Readiness and Willingness – The appellant-defendant challenged the High Court's judgment confirming the appellate court's order which granted specific performance to the plaintiff-respondent. The Supreme Court analyzed whether the plaintiff was ready and willing to perform his part of the contract as required under Section 16(c) of the Specific Relief Act...
Constitutional Law – Legislative Competence – Manipur Parliamentary Secretary Act, 2012 (2012 Act) – The 2012 Act provided for the appointment, salary, and allowances of Parliamentary Secretaries in Manipur – The Act was challenged in the High Court of Manipur for lack of legislative competence – The 2012 Act was repealed by the Manipur Parliamentary Secretary (Appoin...
Land Acquisition – Compliance with Section 5A – The Supreme Court analyzed whether the procedures under Section 5A of the Land Acquisition Act, 1894, were duly followed. It emphasized that the Collector must provide an opportunity for personal hearing to the objectors and consider their objections with due application of mind. The failure to do so can vitiate the acquisition proceeding...
Land Acquisition – Compensation – Appellant owned land acquired for construction of a flood protection wall – Land Acquisition Officer awarded Rs. 5,61,000 per hectare – Appellant claimed higher compensation of Rs. 500 per sq. ft. – Reference Court enhanced compensation; High Court reversed and ordered refund with interest – Supreme Court held appellant entitled...
Land Acquisition – Quantum of Compensation – The appeals arose from a dispute regarding compensation for land acquired by NOIDA. The Supreme Court evaluated the determination of fair market value and enhancement of compensation from INR 222-233 per sq. yd. to INR 449 per sq. yd. by the High Court. The Court utilized the principle of guesstimation, emphasizing the need for a holistic vi...
Civil Procedure – Impleadment of Transferee Pendente Lite – The appellant purchased land during the pendency of a suit for declaration and injunction regarding the same land. The trial court dismissed his application for impleadment, a decision upheld by the High Court based on the doctrine of lis pendens under Section 52 of the Transfer of Property Act, 1882. The Supreme Court reverse...