Execution Proceedings – Resistance under Order 21 Rule 97 CPC – Joint Tenancy Rights – Appeal Dismissed – The appellant filed objections under Order 21 Rule 97 CPC to resist execution of an eviction decree drawn in Original Suit No. 323 of 1977 against his brother, Prem Chandra. The appellant asserted independent rights under a separate decree in Original Suit No. 216 of 19...
Accident Claim - Just Compensation – Determining Compensation for Minor Victims – Pecuniary and Non-Pecuniary Losses – The Court addressed the criteria for determining compensation for parents of minor victims, incorporating inflation-adjusted notional income with future prospects and applying multipliers to reflect financial dependency and emotional loss – The Court mandat...
Maintainability of Writ Petition – Supervisory Role of RBI Over NBFCs – The petitioner, holding significant investments in Exclusive Capital Limited, an NBFC, sought RBI intervention alleging mismanagement, fund siphoning, and regulatory violations – Held: RBI’s role as regulator, under Chapter IIIB, involves oversight of NBFCs from inception to liquidation, authorizing jud...
Civil Law - Adverse Possession – Limitation for Filing Suit – The appellants contended that they had perfected their title over the disputed property through adverse possession, having resided on the property since 1984 – The trial court accepted this argument and dismissed the respondent's suit – However, the first appellate court overturned this finding, ruling that t...
Motor Accident Compensation – Notional Income – Reduction of Compensation Reversed – The High Court reduced the compensation awarded by the Motor Accident Claims Tribunal (MACT), applying minimum wage rates instead of the special Deputy Commissioner rates for calculating the deceased’s notional income – Held: There was no evidence to support the High Court’s fin...
Insolvency and Bankruptcy Law – CIRP Deferral – Jurisdiction Under Article 226 – The appellant challenged the High Court’s order deferring the CIRP of KSK Mahanadi Power Company Limited after denying the respondents’ request for consolidation of CIRP with two other entities – Held: The High Court erred in deferring the CIRP despite refusing consolidation –...
Land Acquisition – Compensation – Section 23 of the Land Acquisition Act, 1894 – Enhanced Compensation Restored – The appellants challenged the High Court's reduction of compensation, asserting that their lands in Mewat had immense potential due to strategic location near infrastructure developments. The Reference Court had enhanced compensation based on relevant sale e...
Taxation Law - Transfer Pricing – Inclusion of Comparables – Functional Dissimilarity – Exclusion Ordered - The appeal raised the question of whether the Income Tax Appellate Tribunal (ITAT) erred in including TCS E-Serve International Ltd., TCS E-Serve Ltd., and Infosys BPO Ltd. as comparables for ALP determination – The Tribunal upheld the Transfer Pricing Officer's (...
Arbitration – Section 37 of the Arbitration and Conciliation Act, 1996 – Appeal against Interim Injunction – Non-compete Clause – Post-Termination Restraint - appellant challenged an interim injunction granted by the Single Judge under Section 9 of the Arbitration and Conciliation Act, 1996, which restrained the appellant from sourcing products from a third-party Indian sup...
Motor Vehicle Accident – Compensation – Assessment of Income – Future Prospects
The appellant, who sustained severe brain injuries resulting in 100% functional disability, challenged the High Court’s award of compensation – Held: The annual income of the appellant should have been enhanced considering salary progression, and future prospects were to be included &nd...