Civil Appeal – Coverage under the EPF Act – Clubbing of two educational institutions run by the same Society – Appellant contests the coverage under the EPF Act – Issue of functional integrity between the two establishments considered – Material on record demonstrates financial integration and geographic proximity between the establishments – Appellant's cas...
Admissions – Centralized Counselling Mandate – The State of Uttar Pradesh mandated centralized counselling for all MBBS/BDS admissions, which Glocal Medical College violated by conducting private counselling. The Supreme Court upheld the requirement for centralized counselling to ensure transparency, merit, and fairness in admissions. [Paras 19-22]
Equitable Relief – Backdoor ...
Regulation 20 of 1979 Regulations – Interpretation of legal fiction – Applicability of the 1979 Regulations to retired employees – The legal fiction in Clause (iii) of Sub-Regulation 20(3) of the 1979 Regulations must be confined to cases where disciplinary proceedings have been initiated prior to an employee's retirement – Initiation of disciplinary proceedings is not ...
Civil Appeal – Suit for Specific Performance – Limitation – Agreement to sell land – Payment of advance amount – Refusal by the seller to perform the contract – Notice of refusal – Commencement of limitation period – Second part of Article 54 of the Limitation Act, 1963 – Whether notice of refusal given – Suit filed beyond limitation peri...
Redemption of Mortgage – Limitation and Nature of Document – The Court examined whether the document dated 22.2.1969 was a conditional sale or a mortgage by conditional sale under Section 58(c) of the Transfer of Property Act, 1882. The suit for redemption can be filed within 30 years from the date fixed for redemption. [Paras 1, 23]
Conditional Sale vs. Mortgage by Conditional Sale...
Compensation Claim – Survival of Claim – The claim for personal injuries abates with the death of the injured if unrelated to the accident. However, the legal representatives can pursue claims for loss of the estate, which includes medical expenses, loss of income, and future prospects that would have accrued to the estate but for the accident. [Paras 9-20]
Loss of Estate – In...
Redemption of Mortgage – Right of Redemption – The right to redeem is a statutory right under Section 60 of the Transfer of Property Act, which cannot be extinguished by the act of parties or by a decree of the Court unless the right is duly adjudicated in the presence of all necessary parties. A purchaser of mortgaged property steps into the shoes of the mortgagor and is entitled to r...
SARFAESI Act – Tenancy Rights – The Court examined the validity of the appellant's tenancy under the SARFAESI Act and the Transfer of Property Act. It was held that for a tenancy to be valid and enforceable against a secured creditor, it must either predate the mortgage or be created with the mortgagee's consent and comply with Section 65A of the Transfer of Property Act. Addit...
Limitation Period – Controversy arises concerning the effective date of service of summons for computing the limitation period for filing a written statement in the Delhi High Court’s Commercial Division. Examination of two different modes of service. [Para 1-5]
Service of Summons – Code of Civil Procedure, Order V Rule 2 – Service of summons should include a copy of the...
Mining Lease - Dispute over the grant of mining lease for Dolomite - Multiple applications filed by different parties - Various orders issued by state authorities - Confusion over the status of the land and the mining lease - Appellants challenging the grant of mining lease to Respondent No. 1 - M/s. Chiranjilal (Mineral) Industries of Bagandih. [Para 1-2]
Background - A detailed acco...