Easementary Rights – Dispute over 20ft. wide road in land Survey No.57 Hissa No.13A/1 owned by Ramani's, claimed by Gala's under easement – Gala's (appellants) claimed easementary rights over the road which is part of respondents' property – Suit filed for declaration of easementary rights and for permanent injunction – Original suit decreed but overturned b...
Curative Petition – Invoked under Article 142 – Addressing miscarriage of justice in arbitral award interpretation – Overlooking of vital evidence and erroneous contractual interpretation leading to an undeserved financial burden on DMRC – Curative petition maintainable and allowed. [Paras 30-72]
Arbitral Award Review – Patently Illegal – Incorrect ...
Challenge Against Auction Sale Notice – Borrower’s application in DRT under SARFAESI Act against auction notice by UCO Bank – Interim DRT order allowing auction with conditions – Conditions unmet by Borrower – Auction completed and sale confirmed in favor of appellant [Paras 3.3, 3.5, 3.6, 10].
Restoration of Securitization Application – Dismissal b...
Repudiation of Insurance Claim – Analysis of Material Suppression – Appellant’s claim repudiated by respondent insurance company on the grounds of non-disclosure of pre-existing insurance policies held by the insured-deceased – NCDRC upheld repudiation – Supreme Court finds repudiation to be unjustified due to lack of adequate evidence supporting respondent’s cl...
Revisional Application Under Article 227 – Kolkata Municipal Corporation Act, 1980 and Calcutta Municipal Corporation (Taxation) Rules, 1987 – Challenge to Assessment of Property Tax – exercising its jurisdiction under Article 227 of the Constitution of India, adjudicated upon the revisional application challenging the order of the Municipal Assessment Tribunal regarding the annu...
Condonation of Delay in Filing Written Statement – Trial Court’s Orders Challenged – Petitioner sought condonation of delay in filing written statement before the Trial Court – Trial Court declined to take written statement on record – Subsequent applications for condonation dismissed – Petition before High Court assailing Trial Court’s orders – High...
Lease Agreement Dispute – Bharat Petroleum Corporation Ltd. (BPCL) and respondents disputed over the renewal of a lease agreement for property at Plot A-9 and 10, South Extension, Part-1, Ring Road, New Delhi - Lease originally executed in 1966, renewed in 2003 for 20 years – BPCL sought renewal; respondents declined and issued notice to vacate [Paras 3(i)-(vii)].
Interpre...
Protection of Life and Liberty in Live-in Relationships – Constitutional Writ Petition for directions to police for protection from threats by private individuals – Petitioners in non-marital cohabitation facing threats from a spouse of one petitioner – Precedents on protection in live-in relationships cited – Held, entitled to protection under Article 21, Constitution of I...
Quashing of Order by Income Tax Settlement Commission (ITSC) – Writ Petition – Supreme Court judgment reversing High Court’s decision – ITSC order based on respondent-assessee group’s application under Section 245C of the Income Tax Act for settlement – ITSC erroneously accepted application despite inadequate full and true disclosure of income by respondent &nda...
Appeal against Arbitral Award – Price Variation Dispute – Arbitration and Conciliation Act, 1996 – Appeal under Section 37(1)(c) against Commercial Court’s judgment upholding arbitral award – Dispute over price variation clause in construction contract – Tribunal and Court aligned in interpretation of clause, denying PCC’s claim – Appellant's arg...