Lease Agreement – Termination and Payment Compliance – Dispute over non-payment within stipulated time – LOI required Rs. 9.34 crore within 30 days – Extensions granted but payment not completed within extended time – Termination of LOI upheld as justified – Amounts paid beyond deadlines ordered to be refunded – Appellant allowed to pursue civil suit for a...
Divorce – Irretrievable Breakdown of Marriage – Appellant and respondent married for 12 years with a 12-year-old daughter – Living separately for over a decade – Previous attempts at reconciliation failed – High Court dismissed divorce petition – Appeal to Supreme Court – Court finds irretrievable breakdown of marriage due to continued bitterness, dead emo...
Service Law - Appointment on compassionate basis - Eligibility criteria - Financial status and income of the family - Fulfillment of scheme requirements - Exception to general rule of recruitment. Scheme for compassionate appointment - Consideration based on prevailing scheme - No vested right to compassionate appointment.
Suit for declaration and mandatory injunction - Direction to consider ca...
COVID-19 Ex-Gratia Assistance – Guidelines and Compliance – National Disaster Management Authority (NDMA) issued guidelines recommending Rs. 50,000/- ex-gratia assistance for kin of deceased due to COVID-19 – Assistance to be provided from State Disaster Response Fund (SDRF) – District Disaster Management Authority/District Administration responsible for disbursement &ndash...
First Appellate Court – Duty to Address All Issues – High Court failed to re-appreciate the evidence and did not comply with Order 41 Rule 31 CPC – Appellate court must frame points for determination and address all issues based on evidence – High Court's judgment set aside for non-compliance [Paras 6-7].
Willingness to Perform Contract – Specific Performance S...
Occupancy Rights vs. Ownership Rights – Conflict of Acts – High Court annulled occupancy rights granted under the Inams Act in favor of ownership rights under Section 38-E of the Tenancy Act – Tenancy Act’s Section 38-E(1) overrides the Inams Act – Protected tenants become full owners with effect from the date specified in the notification, superseding occupancy right...
Jurisdiction of Adjudicating Authority – Limited Scope in Approval of Resolution Plan – NCLT's authority confined to whether the Resolution Plan fulfills Section 30(2) of the Code requirements – Inability to intervene in commercial decisions of the Committee of Creditors unless found capricious, arbitrary, irrational, or contravening the Code's provisions. [Para...
Arrears of Salaries – Compliance with Pay Commission Recommendations – High Court directed the appellant to pay salaries as per 5th and 6th Pay Commissions – Appellant’s failure to comply led respondents to approach Deputy Director (Education) – Submission to restrict arrears to three years preceding the writ petition rejected – Duty of institution to comply wit...
Income Tax – Gains from Foreign Exchange Fluctuations – Non-inclusion under Section 80HHC Deduction – Gains from foreign exchange fluctuations in EEFC account not considered as income derived from export business – EEFC account gains not directly related to the business of export of goods, hence cannot be included in deduction under Section 80HHC of Income Tax Act. [Paras 2...
DNA Testing – Personal Liberty and Privacy – High Court directed the plaintiff to undergo DNA test to prove biological relationship – Supreme Court held DNA tests should not be ordered as routine but only in deserving cases – Forcing DNA test on an unwilling plaintiff violates personal liberty and right to privacy – Plaintiff entitled to rely on other evidence without...