Village Panchayats – No-Confidence Motion – Directly elected Sarpanch of Gram Panchayat faced a no-confidence motion – Resolution passed by requisite majority – Collector directed a Special Gram Sabha for ratification – High Court set aside Collector’s order and resolution – Supreme Court reinstated Collector’s order, directing the Special Gram Sabha...
Matrimonial Law – Dissolution of Marriage – Appellant (Husband) sought dissolution of marriage due to mental cruelty by the wife – Complaints made by wife to Army superiors and other authorities – Court of inquiry against husband and adverse consequences in career – High Court erred in dismissing husband's plea and allowing wife's plea for restitution of conju...
Registration Act – Family Settlement – Non-registration of decree – Decree based on admission recognizing pre-existing rights under a family arrangement does not require registration under Section 17(1)(b) of the Registration Act – Family settlement exempted from registration if it pertains to the subject matter of the suit [Paras 1-20].
Family Settlement – Definit...
Foreign Exchange Regulation – Transfer of Property – Appeal addressing the validity of property transfer by a foreign national without prior permission from the RBI – Section 31 of the Foreign Exchange Regulation Act, 1973, mandates obtaining previous general or special permission of the RBI for such transfers – Transfers without such permission are unenforceable in law [Pa...
Urban Land (Ceiling and Regulation) Repeal Act, 1999 – Section 3 and Section 4 – Determination of Possession – Proceedings for excess land under the Urban Land (Ceiling and Regulation) Act, 1976, are liable to abate if possession of the land has not been taken by the State Government before the Repeal Act came into force – The appellant claims possession of the land through...
Consumer Protection – Delivery of Old Car – Liability of Manufacturer – The dealer sold a 2009 model car, which had been used, as a new 2011 model – Absence of dealer during proceedings led to finding of deficiency on its part – No evidence of manufacturer's direct involvement or knowledge of the dealer's misrepresentation – Relationship between manufact...
Banking Law – Lockers – Banks’ Liability – Banks are responsible for ensuring the safety of lockers and cannot disclaim liability for the loss of locker contents. The bank must exercise due diligence in maintaining and operating locker systems, including using modern technology to safeguard against unauthorized access [Paras 1-15].
Duty of Care – Consumer Protectio...
Arbitration and Conciliation Act, 1996 – Appointment of arbitrator – Contract Agreement executed for construction works on the Punatsangchhu-I Hydro-electric Project in Bhutan – High Court held that Clause 67(ii) of the Agreement did not imply cessation of the 1996 Act upon enactment of the Bhutan Act – The Bhutan Act 2013 does not make the 1996 Act inapplicable – Arb...
Trade Marks Act – Functioning Without Chairperson – Sustainability – Technical members of the IPAB can function in the absence of a Chairperson – Section 87 enables the senior-most member to act as Chairperson in the event of a vacancy – Technical members, holding legal qualifications and practical legal experience, can adequately function in the Board’s operati...
Arbitration Clause – Writ Jurisdiction – The presence of an arbitration clause does not bar the jurisdiction of the High Court under Article 226 of the Constitution to ensure fairness and prevent arbitrary state actions – The court can inquire whether the state or its instrumentalities acted arbitrarily, violating Article 14 – The arbitration clause within a contract is not...