Waqf Act – Jurisdiction of Civil Court – Suit for Permanent Injunction – High Court’s decision that civil courts can entertain suits for permanent injunction even if they pertain to waqf properties challenged – Supreme Court holds that as per Section 85, any dispute related to waqf properties falls within the exclusive jurisdiction of Waqf Tribunals – High Court...
Industrial Disputes Act, 1947 – Termination of Daily Wagers – Appellants employed on daily wage basis terminated without compliance with Section 25F – Industrial Tribunal declared termination void and ordered reinstatement with 50% back wages – High Court set aside the Award, holding appointments were irregular and not entitled to protection under Section 25F – Suprem...
Constitution of India – Article 14 – Arbitrary Policies – High Court held the State's "First Come First Serve" basis for granting licences for group housing colonies violated Article 14 – Supreme Court affirmed, stating such policies must be rational, fair, and transparent – Cancellation of licences upheld as practice was not codified and lacked a legal ...
Recovery of Debts and Bankruptcy Act, 1993 – Section 25 – Recovery of Debts – Broad consensus between parties to resolve the matter – Appellants to deposit a further sum of Rs. 5 crores with DRT Jaipur – Respondent allowed to withdraw Rs. 5 crores along with pre-deposit of Rs. 1.53 crores and Rs. 25 lakhs with Recovery Officer – Withdrawal subject to final outco...
Privacy – Right to Privacy – Allegations of unauthorized surveillance using Pegasus spyware – Supreme Court addresses concerns over privacy infringement and the potential chilling effect on freedom of speech and press – Emphasis on reasonable expectation of privacy and the necessity for restrictions to pass constitutional scrutiny [Paras 27-36].
Surveillance and National...
Tenancy Act – Surrender of Tenancy – Mandatory Notice – Requirement of three months’ notice to the landlord and the Special Officer for a valid surrender – Surrender takes effect only after acceptance by the Special Officer, ensuring the surrender is voluntary and genuine – Failure to follow prescribed procedure invalidates the surrender – Findings of lowe...
Motor Vehicles Act – Compensation for Permanent Disability – The appellant, aged 21, suffered 69% permanent disability due to a motor accident resulting in severe cognitive dysfunction and restricted mobility – Tribunal awarded Rs. 574,320/- which was enhanced to Rs. 1,431,752/- by the High Court – Supreme Court held that the compensation awarded by the High Court did not r...
Animal Welfare - Legality of bovine sports under the Prevention of Cruelty to Animals Act, 1960 - Constitutional validity of Amendment Acts - Whether Amendment Acts are colorable legislation - Whether Amendment Acts relate to cultural heritage and preservation of native breeds - Whether Amendment Acts violate constitutional provisions - Whether Amendment Acts overcome defects pointed out in previo...
Court of Small Causes - Ex-parte decree - Application to set aside - Requirements - Compliance with proviso to Section 17 of the Act - Deposit or security to be furnished - Duty of the Court - Order promptly - Application under Section 17 to be filed before the application under Order IX Rule 13 of CPC - Permission to furnish security - Security to be acceptable and enforceable. (Para 18)
Inter...
Evidence Act – Sections 91 and 92 – Partnership Agreement – Sections 91 and 92 of the Evidence Act apply when the document contains all terms of the contract – Written agreements are conclusively presumed to be the full and final statement of the parties' intentions – Oral evidence to contradict, vary, add to, or subtract from the terms of the document is excluded...