Land Dispute & Title Confirmation – Civil suit filed by Ram Balak Singh for confirmation of possession over land originally settled on his predecessor by a lease agreement – Suit land recorded under the appellant’s name by the Consolidation Officer, an order which achieved finality and was not contested by the state – Initial trial court decision in favor of appellant, ...
Tax Law – Refund of Excess Tax Credit – Delhi Value Added Tax Act, 2004 – Refunds claimed by the respondent for excess tax credits amounting to significant sums for specified quarters – Despite timely claims, refunds withheld and adjusted against later issued default notices – High Court quashed adjustment order and directed refund with interest – Supreme Court ...
Execution of Foreign Decrees – Jurisdiction – Appeal against the High Court's decision on the execution of a foreign money decree – Foreign decree from a superior court of a reciprocating territory (United Kingdom) – Supreme Court clarifies that the High Court of Delhi has jurisdiction to entertain execution petitions for foreign decrees if the decree amount exceed...
Quashing of Tender Process – Civil Appeal – Tender irregularities and illegalities – Supreme Court sets aside High Court order allowing execution of project despite confirmed irregularities in tender process – Held that the action of HIMUDA (R-1) and M/s Vasu Constructions (R-2) in proceeding with the initial tender was mala fide and a misuse of legal processes, amounting t...
Decree Execution and Limitation Issue – Appellants’ challenge to the High Court's decision affirming Munsiff Court's dismissal of execution application as time-barred - Pertaining to a property possession decree dated 10.12.1986, with finality attained on 09.11.2000 - Execution application filed on 18.12.2000, initially rejected by Tehsildar for jurisdictional reasons, later fi...
Registration Act – Original Power of Attorney – Appeal against High Court's decision concerning the requirement of producing the original power of attorney – Supreme Court clarifies that Sections 32(c), 33, and 34(2)(c) do not necessitate the production of the original power of attorney if the power of attorney holder presenting the document is also the executant –...
Land Reforms Act and Surplus Land Computation – Interpretation and Application – The Supreme Court affirms the High Court's interpretation of the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973. The judgment upheld the High Court's decision that the state cannot reopen the holdings of the purchasers/petitioners under the pretext of computing the holding...
Legislative Procedure – Suspension of MLAs – Challenge to the suspension of 12 MLAs for disorderly behavior – Supreme Court emphasizes that long-term suspension impacts the representation of the constituency more severely than expulsion, disqualification, or resignation – Held that the suspension for one year is unreasonable, irrational, and arbitrary – Impugned ...
Central Civil Services – Grade Pay under MACP Scheme – Appeal against the High Court’s decision to grant grade pay of Rs. 6600/- – Supreme Court holds that as per Clause 8.1 of the MACP Scheme, grade pay of Rs. 5400/- in PB-2 and PB-3 are to be treated as separate grade pays – High Court’s allowance of grade pay of Rs. 6600/- was erroneous and contrary to M...
Constitutional Law – Reservation in Promotions – Quantifiable Data Requirement – The Supreme Court emphasized that states must collect quantifiable data to show the inadequacy of representation of SCs and STs in public employment before providing reservations in promotions. The yardstick for determining the adequacy of representation and the unit for collecting such data must be ...