Specific Performance – Refund of Advance Sale Consideration – Appellant sought specific performance of a sale agreement or, alternatively, refund of the advance paid – Trial Court directed refund of Rs. 18,00,000/- – High Court reduced the amount to Rs. 3,00,000/- – Supreme Court examines the evidence to determine the correctness of the High Court's findings [Para...
Civil Procedure Code (CPC) - Order II Rule 3 - Joinder of Causes of Action: Order II Rule 3 permits a plaintiff to unite different causes of action in the same suit. The failure to join all claims arising from a cause of action can lead to consequences as proclaimed in Order II Rule 2. However, non-joinder of necessary parties can be fatal to the suit if it impacts the substantive rights of the pa...
Cinematic Speech – Free Expression vs. Dignity – Supreme Court evaluates the conflict between the filmmaker's right to free speech under Article 19(1)(a) and the rights of persons with disabilities to dignity and non-discrimination under Articles 14, 15, and 21, and the RPwD Act – Emphasizes the need for sensitive portrayal of disabilities in films [Paras 1-70].
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Civil Procedure Code – Order 7 Rule 11(d) – Rejection of Plaint: A party to a consent decree based on a compromise must challenge the compromise decree in the same court that recorded the compromise. A separate suit challenging the consent decree is not maintainable under Order 23 Rule 3A CPC. The Trial Court was justified in rejecting the plaint on the ground that the suit for the rel...
Delay in Filing Application under Order IX, Rule 7 CPC – Condonation of Delay – Principles to be Applied – Discretion of the Court – Gross Negligence and Want of Due Diligence – Sufficiency of Cause – Liberal Construction of the Term – Reasonable Explanation for Delay – Adherence to Strict Proof – Doctrine of Prejudice – Concocted Explana...
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...