Partition and Separate Possession – Civil Appeal – Appeal against High Court judgment in a property dispute involving partition and separate possession of properties, including agricultural lands and business ventures – Supreme Court upholds Appellate Court’s decree for partition and separate possession, setting aside High Court’s misinterpretation of facts....
Administrative Law – Judicial Review – Scope of Observations – High Court made general observations beyond the scope of the writ petition regarding wrongful evaluation of bids and discrimination against Indian bidders – Supreme Court advises restraint in making unwarranted general observations not directly related to the case – Observations regarding representation to...
Consumer Protection – Jurisdiction – Telecom Services – Section 7B of the Telegraph Act provides for arbitration of disputes between telecom authorities and consumers – Consumer Protection Act, 1986, being a special and subsequent legislation, includes telecom services within its ambit – Existence of arbitration clause under the Telegraph Act does not oust the jurisdi...
Auction Sales – Setting Aside – Material Irregularity – Rule 107(14)(i) – Auction sale not to be set aside unless substantial injury due to irregularity, mistake, or fraud – Borrower did not seek setting aside within 30 days nor show substantial injury – High Court’s order setting aside sale on grounds of irregularity incorrect – Auction sale restore...
Civil Appeal – Chartered Accountant's Professional Conduct – Appeal against High Court's decision upholding Rule 9(3)(b) of the Chartered Accountants’ (Procedure of Investigation of Professional and Other Misconduct and Conduct of Cases) Rules, 2007 – Challenged rule allows Board of Discipline to disagree with Director (Discipline) and refer matter to Disciplinary C...
Debt Recovery – Interim Relief – Jurisdiction of High Court – High Court granted interim relief to auction purchaser during pendency of appeal before DRAT, effectively deciding the main issue – High Court exceeded its jurisdiction by making DRAT proceedings infructuous – Proper course was to allow DRAT to decide the appeal on merits – Impugned judgment and order...
Res Judicata – Application in Civil Suits – Appellant's suit for declaration of title over specific land parcels was initially decreed by the trial court – First Appellate Court and High Court reversed the decree, applying the principle of res judicata based on an earlier title suit – Supreme Court examined whether the previous suit directly and substantially adjudicate...
Property Law – Lease Cancellation – Misrepresentation – Allotment of residential plot obtained by respondent through false affidavits – Lease cancellation justified as it was based on concealment of material facts and breach of allotment terms – High Court's order set aside – Respondent not entitled to equitable relief due to fraudulent conduct [Paras 3-7, 2...
Consumer Protection – Transitional Provisions – Applicability of Acts – Complaints filed before the commencement of the Consumer Protection Act, 2019 governed by the 1986 Act – Requirement under the 2019 Act for deposit of 50% of awarded amount not applicable to complaints filed under the 1986 Act – Appeal to be heard under provisions of the 1986 Act [Paras 2-4, 6, 27...
Constitutional Law – Policy Decision – Interference – Court would not interfere with policy decisions if the State demonstrates intelligible differentia in application and such differentia has a nexus with the object sought to be achieved – Policy of Rajasthan to restrict bonus marks to employees within the State upheld as non-arbitrary [Paras 16, 22-23].
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