Property Dispute – Agreement to Sell – Interpretation of the clauses in the Agreement – Onus of applying for permission and intimating the respondents about it within a specified time – Consequences of non-performance of duties cast upon appellants – Suit for specific performance barred by limitation due to lack of diligence on the part of respondents. [Para 10-12]
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Public Contracts – Evaluation of Public Interest – State's claim of loss of public money cannot override contractual obligations without evidence – Contracts must uphold fairness and sanctity to ensure business confidence and economic stability [Paras 1-14].
Doctrine of Promissory Estoppel – Government bound by its promises unless substantial public interes...
Land Acquisition - Compensation - Determination of Market Value - Deduction for Development - Applicability of principles for determining compensation for acquired land - Proper method for calculating deduction - Consideration of sale exemplars - Standard deduction for development charges - Incremental value based on exemplars - Belting system in valuation - Uniform market value determination. [Pa...
Civil Procedure – Fraud Allegations – General allegations of fraud without specific particulars are insufficient to sustain a suit – Merely using the words "fraud" or "fraudulent" does not meet the legal standard for pleading fraud under Order VI Rule 4 CPC – Allegations must be supported by material particulars to be legally valid [Paras 7.2-7.3].
Ba...
Environmental Clearance – Requirement – Further construction of the appellant's project comprising six buildings cannot proceed without a new environmental impact assessment – Environmental clearance needed for any new construction beyond initial sanctions [Paras 3-4, 18-19].
Doctrine of Legitimate Expectation – Project proponents are entitled to operate under the en...
Employee's Compensation Act, 1923 – Compensation Claim – Death of Driver During Employment – Appellants, legal heirs of deceased Sumer Singh, challenged High Court's reversal of Workmen's Compensation Commissioner's award of ₹3,26,140 with 12% p.a. interest under the 1923 Act. Supreme Court found merit in the appeal, reinstating the Commissioner's award. [Pa...
Service Law – Back-wages – In cases of wrongful termination, reinstatement with continuity of service and back-wages is the normal rule – Adjudicating authority must consider the length of service, nature of misconduct, financial condition of the employer, and similar factors – High Court correctly granted 50% back wages to the respondent [Paras 1-14].
Rule 161 RPF Rules...
Tender Conditions - Additional Performance Security - Compliance with Clause 2.22.0 (ix) - Interpretation of a mandatory condition for submission of additional performance security within a specified timeframe - Effect of bank holidays and employee strikes - Appellant's compliance with the condition by submitting security on the third working day - No breach of Clause 2.22.0 (ix) - Acceptance ...
Succession Law – Execution of Unprivileged Wills – High Court incorrectly formulated the question of law based on factual inquiry, contrary to Section 100 CPC – Both the Trial Court and the First Appellate Court had found the will not proved in terms of Section 63 of the Indian Succession Act – High Court's detailed factual inquiry was impermissible [Paras 1-8].
Evid...
Criminal Appeal – Conviction under Sections 307 and 332 of IPC – Appellant convicted by Trial Court and High Court – Allegation of demanding ransom and threatening public – Attempted assault on police head constable during arrest – Injuries sustained by complainant simple, but intention and overt act established – Appellant challenged conviction on grounds of pr...