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...
Election Law – Filing of replication in election petition – High Court allowed the election petitioner to file replication responding to new facts in the appellant’s written statement – Supreme Court held that replication is permissible under Order VIII Rule 9 CPC, which is applicable to election petitions under Section 87 of the Representation of People Act, 1951, to ensur...
Property Law – Condonation of Delay – Trial and High Court allowed condonation of delay for a restoration application filed by a non-party to the original proceedings (P & S Nirman Pvt. Ltd.), citing an unregistered Agreement for Sale and Power of Attorney from 2009 with the deceased original plaintiff’s legal heirs – The Supreme Court found no legal basis to entertain ...
Interpretation of Recovery Laws vis-à-vis Limitation Act – Question on whether debts time-barred under the Limitation Act can be recovered using the Haryana Public Moneys (Recovery of Dues) Act, 1979 – Appeals arise from Punjab and Haryana High Court judgment dismissing writ petitions against recovery notices for debts alleged to be time-barred – High Court held that Limit...
Custody Battle – Military officer vs. School teacher – Appeal from High Court’s decision altering custody arrangements made by Family Court, which initially granted exclusive custody to father, an army officer, and limited visitation to mother, a school teacher – Supreme Court reinstates Family Court’s decision, emphasizing children’s stated preference and welfa...
Consumer Law - Insurance Law – Acceptance of Insurance Proposal – The Supreme Court overturned the NCDRC’s decision which had dismissed the appellants’ claim for insurance benefits following the policyholder’s death, holding that the insurance proposal was indeed accepted by LIC, and thus a binding contract was in place at the time of the policyholder’s death &n...
Service Law – Compulsory Retirement – Validity – Challenge against compulsory retirement of respondent, a Head Constable in the CRPF, following proven charges of assault and abuse against a colleague – Supreme Court upholds validity of compulsory retirement under Rule 27 of CRPF Rules, 1955, even though not explicitly listed under CRPF Act, Section 11 – Held, rule-mak...
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 ...
Taxation Law - Jurisdiction of Assessing Officer – Assessee challenges jurisdiction of non-jurisdictional AO, who proceeded with assessment in the absence of a valid transfer order under Section 127 – Initial centralization of assessee's case was not properly decentralized or officially transferred as per mandated legal process – Held, actions of the AO without proper transfe...
Arbitration Law – Dispute resolution in commercial infrastructure projects – Appeals filed by NHAI challenging the arbitral decision favoring GMR Hyderabad Vijayawada Expressways Ltd, which was awarded a contract for highway development and claims subsequent financial adjustments due to “Change in Law” events affecting project costs and revenues – Claims inc...