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...
Family Law – Dissolution of Marriage – Cruelty – Supreme Court upheld the High Court’s reversal of the Family Court's decree of dissolution of marriage on the ground of cruelty – Found no basis for the allegation of cruelty by the respondent, who had faced complications during pregnancy and stayed at her parental home for legitimate reasons – The appellant f...
Stamp Duty – Admissibility of Insufficiently Stamped Document – Appellant contested the High Court’s order which overturned the Trial Court’s direction to pay deficit stamp duty and penalty on a GPA – Trial Court had initially admitted the GPA without considering its insufficient stamping – High Court’s decision quashed, reaffirming the Trial Court’s...
Electricity Law – Withdrawal of Petition – Appellants-DISCOMS sought to withdraw the petition for the approval of PPA – Decision impacted significant investments by HNPCL – Appellants could not be permitted to change decisions whimsically, especially when contrary to public interest – APTEL held DISCOMS’ withdrawal of the petition as impermissible, upholding the...
Consumer Protection – Delayed Possession of Property – Appeal against National Consumer Disputes Redressal Commission's Order – Supreme Court sets aside part of Commission's order allowing respondent-developer to charge interest at 9% p.a. on balance amount from appellants. Appeal arises from delayed possession of a flat by the respondent-developer. Commission partly allo...
Public Employment – Eligibility Criteria – Advertisement required applicants to possess Rajasthan State Certificate in Information Technology (RSCIT) by the last date of application submission – Respondent did not possess RSCIT by the extended deadline and was subsequently rejected – Acquired RSCIT in 2014, after stipulated period – Recruitment resumed in 2017 under o...
Service Law – Pension Fixation – Respondent retired as a selection grade Lecturer on voluntary retirement w.e.f. 31.7.2006 – Initial pension fixation errors corrected by High Court, confirming pre-revised pension at Rs. 8907 – Revised pension fixed at Rs. 19334 w.e.f. 1.1.2006 following High Court directions – Appellant challenged revised fixation citing leave without...