Easementary Rights – Dispute over 20ft. wide road in land Survey No.57 Hissa No.13A/1 owned by Ramani's, claimed by Gala's under easement – Gala's (appellants) claimed easementary rights over the road which is part of respondents' property – Suit filed for declaration of easementary rights and for permanent injunction – Original suit decreed but overturned b...
Service Law – Premature Retirement – Entire Service Record Consideration – Supreme Court held that an order of premature retirement must consider the entire service record, including both adverse and positive entries, up to the time of retirement – Recent reports are given more weight but do not exclude earlier records – The High Court’s decision to ignore recor...
Curative Petition – Invoked under Article 142 – Addressing miscarriage of justice in arbitral award interpretation – Overlooking of vital evidence and erroneous contractual interpretation leading to an undeserved financial burden on DMRC – Curative petition maintainable and allowed. [Paras 30-72]
Arbitral Award Review – Patently Illegal – Incorrect ...
Labour Law – Section 33(C)(2) of Industrial Disputes Act – Jurisdiction of Labour Court – Supreme Court held that the Labour Court under Section 33(C)(2) cannot adjudicate disputes regarding entitlement or the basis of the claim of workmen – The Labour Court's jurisdiction is limited to interpreting the award or settlement on which the claim is based, akin to the jurisd...
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...