Corporate Law – Transfer of Winding-Up Proceedings – Application for transfer of winding-up petition to NCLT under Section 434(1)© of the Companies Act, 2013 – Official Liquidator had taken possession of the company’s registered office but had not invited any claims from creditors or workers – Supreme Court precedents (A. Navinchandra Steels, Kaledonia Jute...
Civil Law – Specific Performance – Appeal from High Court judgment reversing concurrent findings of lower courts dismissing specific performance suit, but granting refund of earnest money with interest – Supreme Court reinstates trial court and first appellate court’s decree for specific performance, setting aside High Court judgment – Held, transactions post-temporar...
Civil Procedure – Filing of Written Statements – Order 8, Rule 1 CPC – Mandatory Time Limit – Petition challenging trial court orders accepting late filed written statements – Defendants filed written statements beyond the prescribed 120 days from the date of service of summons – Plaintiff argued that such acceptance violates mandatory provisions of Order 8, Rul...
Family Law - Divorce - Appeal against Family Court’s judgment dismissing divorce petition based on alleged cruelty by the wife - Family Court found no sufficient evidence of cruelty or dowry harassment by respondent; however, High Court reverses decision, citing mental cruelty due to false criminal accusations and prolonged legal battle - Held, marriage irretrievably broken, decree of divorc...
Civil Law - Partition of Property – Appeal against the trial court’s decree for partition of properties managed by the eldest brother under familial agreement - First defendant managed the properties on behalf of his brothers, with deeds in his name - Claims of prior partition by defendants not substantiated by documentary evidence or credible witness testimony - Trial court’s de...
Service Law - Reservation in Appointment - Advertisement for Assistant Professor post at Bangalore University reserved for STs included a stipulation for age-based preference under Karnataka Civil Services (Unfilled Vacancies Reserved For Persons Belonging to the SC’s and ST’s) (Special Recruitment) Rules, 2001, Rule 6 - High Court ruled that appointment not adhering to the advertised ...
Motor Vehicle Accident – Compensation Awarded for Death – Appeal against Tribunal’s decision by both insurer and claimants – Accident involving motorcycle and truck, leading to motorcyclist’s death - Tribunal held truck driver solely liable, awarded Rs. 20,71,630 compensation plus interest - Insurance company appealed, alleging contributory negligence and error in inc...
Labour Law - Contract Law – Payment for completed work – Institute issued completion certificate confirming work done satisfactorily, yet withheld final payments, leading contractors to seek judicial remedy – Initial writ petitions allowed, directing institute to release payments with interest – Appeals challenge these directions on grounds including the validity of financi...
Income Tax – Bogus Share Application Money – ITAT deleted additions made by AO regarding unexplained share application money by verifying documentary evidence of identity, genuineness, and creditworthiness of the amounts received, which was upheld by the High Court due to lack of contrary material evidence from the Revenue. [Paras 13-14]
Real Estate Transactions – Un...
Motor Vehicle Accident Compensation – The claimant, a mechanic, was injured due to the negligent driving of another mechanic without a heavy vehicle driving license – Claimant sustained multiple injuries and sought compensation of Rs. 20,00,000; awarded Rs. 3,40,000 by the Tribunal – The claim was contested on the grounds of alleged pre-existing conditions and delay in ...