Civil Procedure – Compromise Decree – Bar to Separate Suit – The appellants challenged the validity of a compromise decree passed in a partition suit, alleging fraud and misrepresentation. The High Court dismissed the appeals, holding that the challenge to the compromise decree must be brought before the same court that recorded the compromise, as per Order XXIII Rule 3A of the C...
Expeditious Disposal of Criminal Cases Against MPs and MLAs – Directing the establishment of special benches by High Courts to monitor and expedite criminal cases against sitting and former MPs and MLAs. Guidelines formulated for prioritized hearing and trial on a day-to-day basis, ensuring speedy justice in line with Article 21 of the Constitution. [Paras 1, 3, 9, 14, 16, 20]
Special Cou...
Contract Law – Concluded Contract – South Eastern Coalfields Limited (Appellant) issued a Letter of Intent (LoI) to M/S. S. Kumar's Associates AKM (JV) (Respondent) for a work contract – Respondent mobilized resources and commenced work but did not furnish Performance Security Deposit or sign Integrity Pact – Dispute over whether these omissions prevented a binding cont...
Hindu Marriage Act, 1955 - Section 13 - Divorce - Mental cruelty - Appeal against dismissal of divorce petition - Appellant alleged mental cruelty, long desertion, and a divorce agreement reached in a community Panchayat - Lower court dismissed the case citing lack of admissible evidence - High Court held that denying sexual intercourse without sufficient reason amounts to mental cruelty - Uncontr...
Insolvency and Bankruptcy – Corporate Insolvency Resolution Process (CIRP) – Initiation by Financial Creditor – Section 7 of the Insolvency and Bankruptcy Code, 2016 – Meaning of 'Financial Debt' – Definition in Section 5(8) does not exclude interest-free loans – Loan advanced to meet working capital requirements without interest qualifies as financial d...
Civil Appeal – Interpretation of Power Purchase Agreement (PPA) – Dispute regarding capacity charges and energy charges under the PPA – Whether the appellant is liable to pay fixed capacity charges based on capacity declarations made on RLNG by the first respondent – Appellant's argument based on the need for prior approval under Clause 5.9 of the PPA – Examinatio...
Consumer Disputes - Compensation for Delay in Delivery - Complaint against Kuwait Airways for delay in delivering consignments of handicraft goods - Appellant is an exporter who sent shipments to the USA - Goods were not delivered as per the schedule, causing significant delay - Appellant filed a complaint seeking compensation - NCDRC initially awarded compensation for loss of goods - Appeal led t...
Arbitration – Arbitral Award – Patent Illegality – Judicial Intervention – Section 34 of Arbitration and Conciliation Act, 1996 – Scope of interference limited to grounds under Section 34 – Judicial intervention on merits of award not permissible – Award can be set aside if it violates “public policy of India” or principles of natural justice &...
Civil Procedure Code – Section 100 – Second Appeal – Admission of second appeal with formulation of substantial questions of law – High Court's duty to hear and decide on the substantial questions – Impugned judgment and order of the High Court set aside for summary disposal of second appeal without proper consideration of formulated questions – Matter reman...
Forfeiture of Properties under SAFEMA – Challenging the High Court's order upholding forfeiture under The Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 (SAFEMA) – Appeals in Civil Appeal No.5500 of 2011 and Criminal Appeal No.730 of 2014 dismissed – Provisions of SAFEMA applicable despite revocation of detention order under COFEPOSA. [Para 1, ...