Land Acquisition – Failure of Procedure – Writ petition against State for restoration of land acquired in 1983 under West Bengal Land (Requisition and Acquisition) Act, 1948 and compensation – Petitioner challenged the non-completion of acquisition process and non-payment of compensation – Despite expiry of the 1948 Act and repeal of the 1894 Act by the 2013 Act, no acquisi...
Arbitration Law – Arbitral Award – Section 37 of the Arbitration and Conciliation Act, 1996 – Appellant challenged arbitral award and Section 34 dismissal – Arbitral award partially allowed claims of claimant based on supplementary agreement – Appellant argued supplementary agreement required state approval, was not granted, and breaches were based on it – Arbit...
Motor Vehicle Accident Compensation – Enhanced compensation awarded in appeal – Original tribunal awarded Rs. 4,67,800 with 8% interest for injuries and permanent disability due to motor vehicle accident – Appellant sustained severe injuries leading to 80% permanent disability by lower tribunal, though claimed as 100% due to complete loss of previous employment capacity as a help...
Property Dispute Among Brothers – Challenge to the rejection of plaint – Petitioner Arun Fotedar challenges the order of the Civil Judge, which dismissed his application under Order VII Rule 11 CPC for rejection of the plaint filed by respondent Dr. Jitender Fotedar concerning the ownership and funding of the construction of family-owned properties – Trial court order upheld by H...
Contractual Dispute - Civil appeal challenging the judgment of Jammu and Kashmir High Court regarding enforcement and interpretation of contractual terms related to the tender awarded for transportation services - High Court had entertained a writ petition claiming damages for the loss of revenue due to delayed start of the contract period - Supreme Court holds that disputes purely arising out of ...
Pension – Counting of Past Service – Petitioners sought direction for pension consideration by counting their services rendered as daily wagers from their initial appointments. The Court held that the past service of daily wagers must be counted for pension benefits, not just from the date of regularization. Petitioners entitled to pensionary benefits considering services prior to regu...
Service Law – Pay Revision and Recovery Notice – Petitioner, initially appointed as a daily wager and later receiving a fixed salary, challenged the recovery of alleged excess salary based on audit objections. High Court quashed the impugned order and recovery notice, directing proper pay revision and payment of arrears [Paras 1-12].
Procedure under Articles 14, 16, and 22...
Civil Law – Orders for delisting trucks by Ex-Servicemen Corporation – Challenge in Himachal Pradesh High Court against delisting orders due to concealment of re-employment – Common judgment passed for multiple writ petitions - Orders for delisting trucks – Chairman-cum-Managing Director of HP Ex-Servicemen Corporation delisted trucks owned by petitioners – Concealmen...
Non-delivery of Possession – Petitioner not provided possession of flat despite full payment – Respondent offered inadequate temporary solutions and refunds without interest – Court highlighted plight of petitioner who invested life savings and faced severe accommodation issues – Writ petition allowed with direction for full refund with interest and compensation for mental ...
Civil Procedure - Execution Proceedings - Challenges to auction sale and procedural irregularities - Petitioner filed multiple CRPs against orders of the Executing Court related to a decree obtained by the respondents due to alleged irregularities in auction sale - CRP No.959 of 2020 challenges dismissal of application to set aside auction sale due to material irregularity and fraud - CRP No.2618 ...