Recovery of Debts and Bankruptcy Act, 1993 – Section 25 – Recovery of Debts – Broad consensus between parties to resolve the matter – Appellants to deposit a further sum of Rs. 5 crores with DRT Jaipur – Respondent allowed to withdraw Rs. 5 crores along with pre-deposit of Rs. 1.53 crores and Rs. 25 lakhs with Recovery Officer – Withdrawal subject to final outco...
Privacy – Right to Privacy – Allegations of unauthorized surveillance using Pegasus spyware – Supreme Court addresses concerns over privacy infringement and the potential chilling effect on freedom of speech and press – Emphasis on reasonable expectation of privacy and the necessity for restrictions to pass constitutional scrutiny [Paras 27-36].
Surveillance and National...
Tenancy Act – Surrender of Tenancy – Mandatory Notice – Requirement of three months’ notice to the landlord and the Special Officer for a valid surrender – Surrender takes effect only after acceptance by the Special Officer, ensuring the surrender is voluntary and genuine – Failure to follow prescribed procedure invalidates the surrender – Findings of lowe...
Motor Vehicles Act – Compensation for Permanent Disability – The appellant, aged 21, suffered 69% permanent disability due to a motor accident resulting in severe cognitive dysfunction and restricted mobility – Tribunal awarded Rs. 574,320/- which was enhanced to Rs. 1,431,752/- by the High Court – Supreme Court held that the compensation awarded by the High Court did not r...
Animal Welfare - Legality of bovine sports under the Prevention of Cruelty to Animals Act, 1960 - Constitutional validity of Amendment Acts - Whether Amendment Acts are colorable legislation - Whether Amendment Acts relate to cultural heritage and preservation of native breeds - Whether Amendment Acts violate constitutional provisions - Whether Amendment Acts overcome defects pointed out in previo...
Court of Small Causes - Ex-parte decree - Application to set aside - Requirements - Compliance with proviso to Section 17 of the Act - Deposit or security to be furnished - Duty of the Court - Order promptly - Application under Section 17 to be filed before the application under Order IX Rule 13 of CPC - Permission to furnish security - Security to be acceptable and enforceable. (Para 18)
Inter...
Evidence Act – Sections 91 and 92 – Partnership Agreement – Sections 91 and 92 of the Evidence Act apply when the document contains all terms of the contract – Written agreements are conclusively presumed to be the full and final statement of the parties' intentions – Oral evidence to contradict, vary, add to, or subtract from the terms of the document is excluded...
Criminal Procedure Code – Section 482 – Quashing of Criminal Proceedings – High Court quashed proceedings citing the requirement of sanction under Section 197 CrPC and delay in lodging the FIR – Supreme Court held that quashing was impermissible without a full trial – The aspect of delay and necessity for sanction should be considered during the trial, not in a petiti...
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - Section 24(2) - Locus of subsequent buyer to invoke Section 24(2) - Held, a subsequent buyer of the land after the completion of the acquisition process does not have the locus to invoke Section 24(2) of the 2013 Act to claim that the acquisition has lapsed. The rights under Section 24(2) a...
Military Engineering Service – Seniority Determination – Principles for adjudging seniority – Supreme Court held that for candidates selected in one and the same selection, the placement in the order of merit can be adopted as a principle for determining seniority – Where selections are held separately by different recruiting authorities, the principle of the initial date o...