Madhya Pradesh Shops and Establishments Act, 1958 – Applicability – Exemption for Non-Residential Clubs – The Supreme Court held that the provisions of the Madhya Pradesh Shops and Establishments Act, 1958, do not apply to non-residential clubs in view of the exemption under Section 3(j) – The term "club" includes associations of individuals with some degree of pe...
Industrial Disputes Act, 1947 – Section 9A – Change in Service Conditions – Supreme Court held that transferring workmen from Dewas to Chopanki, 900 kms away, violated Section 9A read with Fourth Schedule of the Industrial Disputes Act, 1947 – Such transfers were deemed arbitrary, mala fide, and amounted to victimization – The nature of work and service conditions wou...
Land ownership dispute - Nature of Sale Deed - Inconsistent stand by Respondents - Need for clarification on whether it pertains to sale of leasehold rights or title per se - High Court's parallel findings on the nature of Sale Deed criticized - Sale Deed appears to indicate sale of title rather than leasehold rights. (Para 34-38)
Determination of 1924 Lease Deed - Breach of condition of pr...
Tenant-Landlord Dispute – Non-payment of Rent – Appellants (landlords) filed suit for eviction of respondent (tenant) for non-payment of rent – Respondent tenant stopped paying rent from February 2005 – Eviction notice served in October 2013. [Para 1]
West Bengal Premises Tenancy Act, 1997 – Respondent filed an application under Sections 7(1) and 7(2) – Appli...
Insolvency and Bankruptcy Code – Application filed by the State Bank of India as a financial creditor against Totem Infrastructures Limited, a corporate debtor, for default in repaying financial facilities – Total claim of Rs. 613,27,01,598.23 – Proceedings initiated before the National Company Law Tribunal (NCLT) – Appellant, the managing director of the corporate debtor, ...
Specific Relief Act, 1963 – Section 20 – Discretionary Relief – Supreme Court held that the High Court erred in denying specific performance on the grounds that it is a discretionary relief – Execution of agreement to sell, part sale consideration payment, and plaintiff's readiness and willingness to perform his part of the contract were established – Denying spec...
Judiciary – Conspiracy to Destabilize – Enquiry Directions – The High Court directed an enquiry into the authenticity of a phone conversation implicating a conspiracy against the judiciary. The petitioner admitted to the conversation and submitted a corrected transcript. The Supreme Court found no reason to continue the enquiry as directed by the High Court since the authenticity...
Tender Process – Labour Licence Requirement – Judicial Review – The Supreme Court held that the High Court overstepped the bounds of judicial review by second-guessing the authority's requirement of a labour licence under the Contract Labour (Regulation and Abolition) Act, 1970, as per the Tender Call Notice (TCN). A registration certificate under Section 4 of the Orissa Shop...
Right to Professional Education – Article 32 – Admission Delays – The Supreme Court addressed the issue of delayed admissions for students from Ladakh nominated under the central pool seats for MBBS courses. The Court underscored that access to professional education is not a governmental largesse but an affirmative obligation of the State. The State must ensure access to educati...
Hindu Undivided Family – Presumption of Tenancy – Mere payment of rent by great grandfather or by the grandfather of the plaintiff raises no presumption that it was a joint Hindu family business. Challenge in the present appeal is to an order passed by the High Court whereby a writ petition filed by plaintiff was allowed holding that the tenant in the premises in question was represent...