SARFAESI Act – Tenancy Rights – The Court examined the validity of the appellant's tenancy under the SARFAESI Act and the Transfer of Property Act. It was held that for a tenancy to be valid and enforceable against a secured creditor, it must either predate the mortgage or be created with the mortgagee's consent and comply with Section 65A of the Transfer of Property Act. Addit...
Limitation Period – Controversy arises concerning the effective date of service of summons for computing the limitation period for filing a written statement in the Delhi High Court’s Commercial Division. Examination of two different modes of service. [Para 1-5]
Service of Summons – Code of Civil Procedure, Order V Rule 2 – Service of summons should include a copy of the...
Mining Lease - Dispute over the grant of mining lease for Dolomite - Multiple applications filed by different parties - Various orders issued by state authorities - Confusion over the status of the land and the mining lease - Appellants challenging the grant of mining lease to Respondent No. 1 - M/s. Chiranjilal (Mineral) Industries of Bagandih. [Para 1-2]
Background - A detailed acco...
Civil Appeal – Rejection of Plaint Under Rule 11 of Order VII of CPC – Appellant sought rejection of the plaint based on bar of res judicata – Learned Single Judge rejected the plaint, while the Division Bench of High Court reversed the decision – Supreme Court held that the issue of res judicata could not be decided under Rule 11 of Order VII of CPC at this stage. [Para 2-...
Criminalisation in Politics – Obligation to Disclose Criminal Antecedents – Addressing the growing criminalisation in the Indian political system, the Supreme Court emphasized that maintaining the purity of the political system necessitates excluding individuals with criminal records from law-making roles. The Court questioned whether it could enforce such standards through directions ...
Civil Procedure – Order 7 Rule 11(d) – Rejection of plaint – Court held that the provisions under the Guwahati Municipal Corporation Act, 1971 do not bar the civil court from entertaining a suit seeking declaration of an existing right to use a drain. The High Court erred in invoking Order VII Rule 11(d) of the CPC to reject the plaint on the grounds of jurisdiction [Paras 1-19]....
Insolvency and Bankruptcy Code – Resolution Plan Approval – Jurisdiction of Adjudicating and Appellate Authorities – Court held that the Adjudicating Authority and the Appellate Authority cannot interfere with the commercial wisdom of the Committee of Creditors (CoC) as long as the resolution plan meets the requirements under Section 30(2) of the IBC – Emphasized that the a...
Insolvency – Operational Creditor's Application – Notice of Dispute – The Supreme Court considered the provisions under Section 9(5)(ii)(d) of the Insolvency and Bankruptcy Code, 2016 – It was held that if a notice of dispute has been received by the operational creditor or there is a record of dispute in the information utility, the adjudicating authority must reject t...
Tenancy and Partnership – Dissolution upon Death – The Supreme Court examined the effect of the death of partners on the tenancy rights of a non-residential premises under Section 12(2) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972. It was held that with the death of both partners and in the absence of a clause permitting the continuation of the partn...
Recognition of Educational Institutions – The Supreme Court addressed the issue of delay in the grant of recognition by the National Council for Teacher Education (NCTE) for conducting B.Ed. and D.El.Ed. courses. It was found that NCTE and its Regional Committees granted recognition for the Academic Year 2022-2023 after satisfying all requirements, but unjustifiably denied recognition for th...