Tenancy Law – Validity of Tenancy – Respondent claimed tenancy rights based on an agreement from 1975 allegedly executed by a power of attorney holder of the original owners – Dispute over the authority of the power of attorney holder to induct tenants – Lower courts found no objection raised by original owners from 1975 to 1994, implying consent to the tenancy – Supr...
Share Allotment - Increase in Authorized Capital - Oppression and Mismanagement - Allegations of illegality and defect in allotment of shares - Whether the increase in authorized capital and allotment of shares amounted to oppression and mismanagement - Whether the actions of the appellants were defective or unfair - Concurrent findings of the National Company Law Tribunal (NCLT) and the National ...
Service Law – Reinstatement with Back Wages – Respondent dismissed from service after being suspected of involvement in a fire incident at the Bank – Central Government Industrial Tribunal found misconduct unproven but ordered compensation in lieu of reinstatement due to loss of confidence – High Court quashed Tribunal's award and ordered reinstatement with full benefit...
Civil Procedure – Adjournments – Misuse by Defendant – Petitioner-defendant repeatedly sought adjournments, delaying cross-examination of plaintiff’s witness in eviction suit – Over ten adjournments granted from 2015 to 2019, with costs imposed twice – Despite High Court's final warning, petitioner failed to utilize last opportunity for cross-examination &nd...
Land Acquisition – Compensation Determination – State acquired land for constructing government quarters and a road – Initial possession taken in 1984 and 1992 – Market value assessed by Reference Court at Rs. 70 per square feet – High Court reduced compensation to Rs. 29 per square feet – Supreme Court restores compensation to Rs. 70 per square feet – Ded...
Facts : Partition suit - Allegations of fraudulent conduct - High Court declaring preliminary decree to be vitiated by fraud.
Application for intervention - Filed by legal heirs of a defendant - Challenging validity of sale deed and lack of consideration - Alleging impleadment of deceased party after death - Lack of specific information regarding impleadment date.
Application by Asset Recons...
Testamentary matter - Original Will not traceable - Request for copy of Will and probate - Destruction of Records Act, 1917 - Court cannot order investigation into the fate of the Will based on mere guesswork - Relief cannot be granted when the petitioner has not seen the copy of the Will and is unaware of its contents. [Para 23]
Preservation of Will - Obligation of respondents to furnish...
Civil Procedure – Disclosure and Discovery – Commercial Suits – Appellant sought to place additional documents on record under Order VII Rule 14(3) CPC – Commercial Court and High Court dismissed the application – Supreme Court analyzed Order XI Rule 1 applicable to commercial suits, emphasizing the need to disclose all documents in possession at the time of filing &n...
Consumer Protection Act, 1986 - Interpretation of 'complainant' - Multiple consumers filing joint complaint - Whether falls under Section 12(1)(a) or Section 12(1)(b) - Held, the definition of 'complainant' under Section 2(b)(i) of the 1986 Act includes multiple consumers - Joint complaint falls under Section 12(1)(a) - Broad and inclusive interpretation to be given - Plural interp...
Income Tax - Taxability of Dividend Income - Interpretation of Double Taxation Avoidance Agreement (DTAA) between India and Oman - Exemption of dividend income in Oman - Whether dividend income received by the assessee is taxable in India or exempt as per DTAA and Omani Tax Laws - Clarification by Omani Finance Ministry regarding tax exemption - Application of Article 25 of DTAA and Article 8 (bis...