Co-operative Societies – Redevelopment of Housing Societies – Petitioners challenged the orders of the State Government relating to the redevelopment projects – Contention regarding the inadequacy of the consent obtained from the members and non-compliance with statutory requirements – High Court held the State’s orders to be mechanical and without proper consideratio...
Civil Procedure – Partition Suit – Remand – Appeal challenging the remand order in a partition suit where the trial court's judgment was set aside by the District Judge due to non-impleadment of necessary parties and failure to afford them the opportunity to file written statements – High Court upheld the remand order, noting that the impleaded legal representatives wer...
Marriage and Divorce – Desertion – Appeal against dismissal of divorce petition – Appellant claims wife deserted him and was in an adulterous relationship – Trial court dismissed suit finding no evidence of desertion or adultery – Appellant failed to prove allegations with substantive evidence – Desertion requires animus deserendi and absence of reasonable cause...
Resolution Plan – Approval – IBC, 2016 – Appeal Dismissed – The appellant, Noida Special Economic Zone Authority, contested the reduced allocation in the approved resolution plan for recovering dues from the corporate debtor and challenged procedural and statutory non-compliance. Held: The Committee of Creditors (CoC)’s approval of the resolution plan falls within its...
Arbitration – Appointment of Arbitrator – Limitation and Time-barred Claims – Referral Court’s Scope – Petitioner sought appointment of an arbitrator for disputes arising from a Shareholders Agreement after the respondent’s delay in issuing shares and share certificates – Supreme Court examined whether the claims were time-barred for appointment of an arbi...
Civil Law - Rejection of Plaint – Non-filing of Duplicate – Order VII Rule 11(e), CPC – Procedural Defect – The petitioner sought rejection of the plaint under Order VII Rule 11(e), CPC, due to the failure of the plaintiff to file the plaint in duplicate – Held: The rejection of a plaint under this provision is procedural and not automatic – Courts are required ...
Land Acquisition – Quashing of Notification – Notification under Section 17(4) of the Land Acquisition Act, 1894 for urgent acquisition quashed by Single Judge – Appeal by landholders challenging land acquisition for university expansion – High Court upholds quashing of urgency clause but modifies procedural directions [Paras 1-16].
Urgency Clause – Invocation Inva...
Jurisdiction of Telangana Women’s Commission – Validity of Summons – Writ Petition Dismissed – The petitioner, an astrologer, challenged the summons issued by the Telangana State Women's Commission following a complaint by the Telugu Film Journalists Association. The complaint alleged that the petitioner’s predictions about women celebrities were defamatory and de...
Service Law - Recovery of Excess Payment – No Fault of Employee – Applicability of Supreme Court’s Decision in Rafiq Masih – Petitioner, a retired Class-III employee, contested recovery of excess amount due to erroneous pay fixation – Citing State of Punjab v. Rafiq Masih (White Washer) (2015) and the M.P. High Court Full Bench decision in State of M.P. v. Jagdish Pra...
Administrative Law – Premature Transfer – Transfer Guidelines Violated – Writ Petition Allowed - The petitioner contested his premature transfer, citing non-compliance with the Transfer Guidelines, which require minimum tenure in a post and approval for premature displacement – Held: The High Court found that the petitioner was prematurely removed without necessary approval...