Motor Accident Claim – Motor Accident – Involvement of Car – Appeal against the dismissal of a claim for compensation – Appellants, the widow, minor child, and parents of the deceased, sought compensation after Ikhbal died in a road accident – Accident allegedly caused by the respondent's car when the deceased was overtaking a bus on his motorcycle – Trial c...
SARFAESI Act - Assignment of Overdraft Facility – Compliance with RBI Master Directions – Validity of Assignment – The appellants argued that their overdraft facility account was not a “Stressed Loan” as it had not been declared as a Special Mention Account (SMA) under the RBI’s Master Directions – Court held: Continuous breach of the sanctioned overdraft ...
Insolvency Law – Suspension of Resolution Professional – Failure in Duties – The petitioner, a Resolution Professional (RP) in the Corporate Insolvency Resolution Process (CIRP) of M/s. Transparent Energy System Pvt. Ltd., was suspended by the Disciplinary Committee of the IBBI for one year for failing to exercise due diligence in verifying the Resolution Plan and non-intimation ...
E-Auction Sale – Issuance of Sale Certificate – Readiness to pay balance auction amount – Respondents were highest bidders in an e-auction and had deposited 25% of the sale price, but the bank refused to accept the balance amount or issue a sale certificate, citing various reasons, including an advisory by the Enforcement Directorate (ED). The High Court held that the refusal was...
Service Law – Termination of Temporary Employee – Petitioner challenged termination from the post of Mali after the reinstatement of the original incumbent, Shyam Besra, who was acquitted of criminal charges – Petitioner argued violation of Rule 67 of the Jharkhand Service Code, which mandates that a permanently vacated post should not be filled substantively until a year has lap...
Citizenship Law – Constitutionality of Section 6A of the Citizenship Act, 1955 – Section 6A of the Citizenship Act, 1955, which provides for citizenship to migrants from Bangladesh to Assam, was challenged for violating various constitutional provisions – It was argued that Parliament lacked legislative competence to modify the citizenship provisions for a specific region like As...
Landlord-Tenant Dispute – Execution Proceedings – Joint Tenancy Rights – The appellant raised objections under Order 21 Rule 97 CPC against his dispossession in execution proceedings arising out of a decree passed against his brother, claiming independent rights based on a separate decree – Held: The appellant, being a joint tenant along with his brother, Prem Chandra, cann...
Termination of Mid-Day Meal Implementing Agency – Violation of Principles of Natural Justice – The petitioner challenged the termination order dated 09.09.2024 issued by the 7th respondent, terminating the petitioner as the Mid-Day-Meal Implementing Agency without assigning any reasons or giving an opportunity of hearing – Court held: The termination was in violation of the princ...
Civil Law – Second Appeal – Permanent Injunction – The appellant sought a permanent injunction to restrain the respondent from interfering with possession of the disputed property – The trial court dismissed the suit, and the first appellate court confirmed the dismissal – Held: Both the trial court and the first appellate court did not err in dismissing the suit as t...
Environmental Law – Right to a Clean and Healthy Environment – Article 21 – The Court expressed concern over the proposed deforestation of 1.19 lakh trees in Baran District, which could severely affect the local ecology and climate by increasing carbon emissions and threatening biodiversity – The Right to a Healthy Environment is part of the Right to Life under Article 21 o...