Arbitration - Validity of arbitral award - Dispute regarding delay in execution of a contract for a sewage water reclamation plant - Award allowed certain claims by Batliboi Environmental Engineers Limited (BEEL) for compensation - Arbitral award lacks detailed analysis and reasons for findings, especially concerning delay responsibility and computation of damages - Damages should be commensurate ...
Civil Appeal – Redemption of Mortgage – Appellant, an auction purchaser, challenges High Court's order allowing borrowers to redeem the mortgage – Complex factual background involving loan default, auction proceedings, and redemption offer – Key issue of whether borrowers' offer to pay Rs. 129 crore for redemption is acceptable – Detailed analysis required. [P...
Motor Accident – Negligence and Liability – High Court overturned Tribunal's finding of contributory negligence – Evidence from witnesses (PW-1 and PW-3) indicated Eicher van took sudden right turn without signal – High Court's reliance on witness evidence over First Information Report justified – Accident due to negligence of Eicher van driver affirmed [Paras...
Criminal Appeal – Interpretation of FEMA and FERA – Prosecution for offences under Sections 56 and 57 of FERA after repeal – Validity of complaints filed by an Enforcement Officer – Sunset period provided under Section 49(3) of FEMA – Legal fiction preserving the application of FERA for prosecution purposes – Court's duty to adopt an interpretation making st...
Loss of Dependency – Enhancement of Compensation – Deceased was a driver with a heavy vehicle driving license – Tribunal adopted minimum wage for skilled labor to compute income – High Court's dismissal of appeal without considering evidence and grounds raised by appellants – Income assessment based on minimum wage not justified – Oral evidence of deceased&#...
Premature Release - Life Imprisonment - Petitioner seeks release after serving over 26 years in custody - State government's repeated rejection of release - Constitutional rights enforcement - Evaluation of state's remission policy. [Para 1-8]
Constitutional Rights - Right to Consideration for Remission - Legal entitlement to be considered for remission after serving 25 years - Challeng...
Family Settlement – Admissibility of Unregistered Document – High Court held family settlement document inadmissible – Supreme Court found document recorded past transactions, did not create or extinguish rights in property – Held Khararunama as admissible for explaining arrangement made and conduct of parties – Document did not attract Section 17(1)(b) of the Registr...
Succession and Will - Validity of Will - Requirements under Section 63 of the Indian Succession Act, 1925 - Execution of Will - Proof of execution under Section 68 of the Indian Evidence Act, 1872 - Principles for proving the validity and execution of a Will - Compliance with statutory provisions - Examination of attesting witnesses - Removal of suspicions - Role of the propounder - Allegations of...
Civil Appeal – Challenge to a common judgment of the Division Bench of the Punjab & Haryana High Court – Appointment to the higher judicial service of the State under direct recruitment quota – Appellant's non-appointment challenged – Appellant qualified in the selection process but was not appointed – Allegation of arbitrary approach in keeping the 14th post ...
Civil Appeal – Second Appeal – Violation of Procedure in Framing Substantial Questions of Law – Lack of Adequate Opportunity for Parties to Address the Questions – Reversal of Concurrent Findings of Fact – Matter Remanded to High Court for Reconsideration.
Framing of Substantial Questions of Law in Second Appeal: The present case involves a violation of t...