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...
Criminal Procedure Code – Section 482 – Quashing of Criminal Proceedings – High Court quashed proceedings citing the requirement of sanction under Section 197 CrPC and delay in lodging the FIR – Supreme Court held that quashing was impermissible without a full trial – The aspect of delay and necessity for sanction should be considered during the trial, not in a petiti...
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - Section 24(2) - Locus of subsequent buyer to invoke Section 24(2) - Held, a subsequent buyer of the land after the completion of the acquisition process does not have the locus to invoke Section 24(2) of the 2013 Act to claim that the acquisition has lapsed. The rights under Section 24(2) a...
Military Engineering Service – Seniority Determination – Principles for adjudging seniority – Supreme Court held that for candidates selected in one and the same selection, the placement in the order of merit can be adopted as a principle for determining seniority – Where selections are held separately by different recruiting authorities, the principle of the initial date o...
Madhya Pradesh Shops and Establishments Act, 1958 – Applicability – Exemption for Non-Residential Clubs – The Supreme Court held that the provisions of the Madhya Pradesh Shops and Establishments Act, 1958, do not apply to non-residential clubs in view of the exemption under Section 3(j) – The term "club" includes associations of individuals with some degree of pe...
Industrial Disputes Act, 1947 – Section 9A – Change in Service Conditions – Supreme Court held that transferring workmen from Dewas to Chopanki, 900 kms away, violated Section 9A read with Fourth Schedule of the Industrial Disputes Act, 1947 – Such transfers were deemed arbitrary, mala fide, and amounted to victimization – The nature of work and service conditions wou...
Land ownership dispute - Nature of Sale Deed - Inconsistent stand by Respondents - Need for clarification on whether it pertains to sale of leasehold rights or title per se - High Court's parallel findings on the nature of Sale Deed criticized - Sale Deed appears to indicate sale of title rather than leasehold rights. (Para 34-38)
Determination of 1924 Lease Deed - Breach of condition of pr...
Tenant-Landlord Dispute – Non-payment of Rent – Appellants (landlords) filed suit for eviction of respondent (tenant) for non-payment of rent – Respondent tenant stopped paying rent from February 2005 – Eviction notice served in October 2013. [Para 1]
West Bengal Premises Tenancy Act, 1997 – Respondent filed an application under Sections 7(1) and 7(2) – Appli...
Insolvency and Bankruptcy Code – Application filed by the State Bank of India as a financial creditor against Totem Infrastructures Limited, a corporate debtor, for default in repaying financial facilities – Total claim of Rs. 613,27,01,598.23 – Proceedings initiated before the National Company Law Tribunal (NCLT) – Appellant, the managing director of the corporate debtor, ...