Limitation Law – Preliminary Issues – Appeal against dismissal of suit based on limitation – Suit filed under Order 37 of the CPC for recovery of a business loan – Trial court and High Court dismissed the suit as time-barred – Supreme Court holds that the issue of limitation intertwined with factual disputes should not be decided on preliminary arguments alone &n...
Partnership Law – Bar of Section 69(2) – Appeal against High Court's decision rejecting the plaint under Section 69(2) of the Indian Partnership Act – Suit for declaration and injunction by unregistered firm – Supreme Court reiterates that the bar under Section 69(2) applies only to suits for enforcement of rights arising from contracts entered into during the cour...
Sale Deed Dispute – Land ownership dispute involving land measuring 71 kanals 8 marlas – Discrepancy between original and interpolated sale deed – Original sale deed showing sale of entire land, while interpolated version showing sale of only 1/3rd of the land. [Paras 1, 11]
Interpretation of Registered Document – Application of Section 47 of the Registration A...
Labour Law – Termination – Reinstatement and Compensation – Appeal against High Court's decision affirming Labour Court's order of reinstatement with back wages – Respondent's termination in breach of Sections 25-F and 25-G of the Industrial Disputes Act – Supreme Court finds that reinstatement and back wages not warranted for a contractual employee o...
Tender Process – Judicial Review – Appeals challenging High Court's interference with the tender inviting authority's decision – Tender for supply of tablets – Supreme Court emphasizes that the tender inviting authority is the best judge of its requirements – Court should not interfere unless there is mala fide or perversity – High Court's decis...
Arbitration Law – Limitation Period – Applicability to Section 11(6) Arbitration and Conciliation Act, 1996 – The Supreme Court examined the applicability of the Limitation Act, 1963 to applications for appointment of arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996. The Court clarified the distinction between the limitation for filing a Section 11(6) ...
Disciplinary Proceedings – Judicial Review – Appeal challenging the High Court's decision to set aside the dismissal of a bank employee – Supreme Court emphasizes that judicial review under Article 226 is not appellate in nature – Courts can intervene when findings are based on no evidence, are perverse, or are based on irrelevant material – High Court's ...
Agreement for Sale and Suit for Specific Performance – Appeal against High Court's judgment dismissing specific performance for a property sale agreement – Original agreement dated 16th January 1980 for a plot in Chandigarh – Dispute over price reduction and possession transfer – Plaintiffs, including Major Gen. Darshan Singh, alleged property possession and price reduc...
Consumer Law – Consumer Complaint – Development Agreement – The Supreme Court considered appeals involving a development agreement dispute between the complainants and a developer, where the original developer died, and the obligations were in question. The National Consumer Disputes Redressal Commission's (NCDRC) orders were challenged, which held the legal heirs of the dece...
Cancellation of Recruitment Process - Validity - Interpretation of Service Rules - Recruitment process initiated for 571 posts in State services in accordance with the Madhya Pradesh State Service Examination Rules, 2015 (‘the Rules of 2015’) - Amendment of Rule 4 of the Rules on 17.02.2020 and 20.12.2021 - Application of amended Rule to ongoing recruitment process - Subsequent litigat...