Order under Order VII Rule 11 of CPC – Suit for declaration of sale deeds as illegal – Appellant’s prayer in plaint challenged – Trial Court dismissed the respondents’ application under Order VII Rule 11 – High Court allowed the revision petition, rejected the plaint, and set aside the Trial Court’s order – Supreme Court held that the adequacy of pra...
Consumer Protection – Delay in Possession – Compensation – The Supreme Court upheld the NCDRC's decision that the appellant was liable to pay compensation for the delayed handing over of possession of a residential unit. The Court noted that the delay was not justified under the force majeure clause, and the compensation rate stipulated in the contract was one-sided and const...
Customs Law – Recovery Proceedings – Proper Officer under Section 28(4) – The Supreme Court examined whether the Directorate of Revenue Intelligence (DRI) had the authority to issue a show cause notice under Section 28(4) of the Customs Act, 1962, for recovery of duties not paid. The Court held that the power of recovery under Section 28(4) must be exercised by "the proper o...
Compulsory Retirement – Consequences on Terminal Benefits – Appellant, a Sr. Manager in Punjab National Bank, was compulsorily retired and denied terminal benefits including leave encashment, provident fund, gratuity, and pension – Writ petition filed for claiming said benefits – Single Judge allowed claim partially, Division Bench reversed it in part – Supreme Court ...
Negotiable Instruments Act – Dishonour of Cheque – Presumption under Section 139 – The appellant challenged the High Court's judgment convicting her under Section 138 of the Act. The Supreme Court emphasized that the appellant failed to rebut the presumption under Section 139 that the cheques were issued for consideration. The complainant provided sufficient evidence that the...
International Commercial Arbitration – Invocation of Arbitration Clause – Claim for Unpaid Dues and Contractual Breaches – Petitioner, a Swiss-based design consultancy firm, seeking appointment of an arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996, for disputes arising from a contract with the respondent, Uttarakhand Jal Vidyut Nigam Limited. Disputes...
Service Law – Reservation – Sections 27 and 27(f) of the Tamil Nadu Government Servants (Conditions of Service) Act, 2016 – Reservation in direct recruitment – Meritorious candidates from reserved categories to be considered in the General Turn first – Backlog vacancies to be filled first among reserved category candidates – Misinterpretation of Sectio...
Criminal Law – Reversal of Acquittal – Misapprehension of Dying Declaration and Circumstantial Evidence - scrutinized the High Court’s judgment which had reversed the Trial Court's order of acquittal. The apex court found that the High Court did not provide substantial reasons for its decision and failed to consider the established principles for the reliance on a dying decla...
Arbitration – Limitation Period – Section 34(3) Arbitration and Conciliation Act 1996 – Period of limitation for filing objections commences from the date when the signed copy of the award is made available to the parties – Draft award not considered as starting point for limitation period – Appeal allowed and objections deemed filed within the limitation period [Para...
Civil Appeal – Rights of Appellants for Alternative Site or Compensation – Appellants in possession since 1976, assessed to tax by Municipal Corporation – Initial legal action commenced with notice under Mumbai Municipal Corporation Act, 1888, leading to a series of legal challenges and decrees in favor of appellants – High Court's acceptance of appeal against Trial Cou...