Service Law – Disciplinary Proceedings – Bank employee accused of temporary misappropriation of Rs. 35,000 – Initial punishment of discharge from service by disciplinary authority – Central Government Industrial Tribunal modified penalty to reinstatement with 50% back-wages and stoppage of two increments – Single Judge partially upheld Tribunal’s decision, modif...
Civil Law – Landlord-Tenant Dispute – West Bengal Tenancy Act vs. Transfer of Property Act – Applicability in framing issues – Supreme Court's consideration of interlocutory applications during pendency of Special Leave Petitions – Directions for deposit of occupational charges based on market rent rates during dispute period upheld. The Supreme Court addressed wh...
Civil Law – Dissolution of Partnership Firm – Appeal against High Court’s judgment which set aside the trial court’s decision dissolving a partnership firm and directing the rendition of accounts – Supreme Court upheld the dissolution of the firm and confirmed that the suit was not barred by limitation despite no plea of limitation being raised initially – It wa...
Partnership Law - Dissolution of Firm - Limitation - Applicability of Section 42(c) of the Indian Partnership Act, 1932 - Automatic dissolution on the death of a partner - Held: Partnership firm constituted by partners including a deceased partner automatically dissolved upon his death in 1984 - Suit for dissolution filed in 1996 held to be time-barred - Duty of court to dismiss a suit instituted ...
Land Allotment – Cancellation of patta initiated after 13 years – Supreme Court's intervention – Appellants challenged the order of the High Court upholding the cancellation of patta on the grounds of fraud and irregular allotment – Supreme Court examined whether the proceedings for cancellation could be initiated at any time in absence of a prescribed limitation period...
Consumer Protection - Insurance Claim - Contractor’s All Risk Insurance Policy - Appellant insurance company challenged NCDRC's order directing payment of Rs. 39,09,92,828/- to respondents for bridge collapse - NCDRC relied on independent expert reports and NHAI’s decision to continue contract despite collapse - Held, insurance contracts to be interpreted strictly; exclusion clause...
Constitutional Law - Right to Property - Article 300A - Interpretation and Applicability - The right to property under Article 300A is characterized as a constitutional right and also as a human right. Compliance with a fair procedure of law is a prerequisite before depriving any person of immovable property. Section 352 of the Kolkata Municipal Corporation Act, 1980, which does not provide for ne...
Civil Law – Review Petition under Section 114 read with Order XLVII Rule 1 CPC – Supreme Court reconsidered its own judgment setting aside the High Court’s decision in the context of Section 41 of the Punjab Courts Act, 1918 – Constitution Bench ruling in Pankajakshi (Dead) Through LRs & Ors. v. Chandrika & Ors. clarified the applicable legal standard for second app...
Hindu Succession Act, 1956 – Section 14(1) – Right of Widow – Possession Requirement – Civil Appeal arising from dispute over joint Hindu family property – Held, widow's right to maintenance alone, without possession, does not convert to full ownership under Section 14(1) – Widow's adopted son cannot claim partition rights based on widow's unasserted...
Constitutional Law – Writ Jurisdiction – Maintainability Against Privatized Entity – Appeals filed challenging the High Court of Bombay's decision to dismiss writ petitions against Air India Limited (AIL) due to its privatization – Supreme Court examined whether AIL, post-privatization, remains amenable to writ jurisdiction under Article 226 of the Constitution – ...