Slum Rehabilitation Scheme – Mumbai Slums – Legal challenge to the allotment process of a Slum Rehabilitation Scheme under the Maharashtra Slum Areas Act, 1971. The appeal contests the High Court’s decision dismissing a writ petition concerning the Slum Rehabilitation Authority’s allotment methods in the redevelopment of slums in Lower Parel Division, Mumbai. [Paras 1-2, 3-...
Arbitration Clause in Property Agreements – Applicability to Subsequent Development Agreements and Conveyance Deed – Tripartite Agreements dated 31.03.2007 and 25.07.2008 containing arbitration clauses form the basis of subsequent Development Agreements and a Conveyance Deed – Disputes arising out of these agreements referred to arbitration under Section 8 of the Arbitration Act....
Equating Party to Suit with a Witness – Analysis Under CPC and Indian Evidence Act – The Supreme Court concluded that there is no fundamental difference between a party to a suit and a witness for the purpose of evidence. Both are treated similarly in the context of producing evidence, either documentary or oral. Emphasized that the party to a suit, when acting as a witness, is subject...
Air Commodore NK Sharma’s Appeal – Challenge against non-acceptance of promotion to Air Vice Marshal (AVM) despite being qualified – Promotion Board recommendation not accepted by Ministry of Defence – Filing of statutory appeal under Section 27 of Air Force Act, 1950. [Paras 3-6]
Tribunal’s Direction for Policy Formation – Armed Forces Tribunal directed form...
Definition of "Teacher" – Sports Officer/PTI in JNKVV – PTI/Sports Officer falling within the definition of “teacher” under the JNKVV Act and Statute – Appellant entitled to retire at 62 years like other teachers – Impugned order setting aside the single judge's decision reversed – Appellant's premature retirement at 60 years deemed impro...
Civil Appeals - Challenge to High Court's judgment upholding merger of cadres in Education Department - Appellants sought quashing of the merger order - Policy decision of merger generally not interfered with - Examination of posts, responsibilities, and pay scales found them to be at the same level - No grounds to interfere with High Court's judgment - Appeals dismissed. [Para 4-6]
Per...
Limitation Act – Applicability to proceedings under the Jogighopa (Assam) Unit of Ashok Paper Mills Limited (Acquisition Transfer of Undertaking) Act, 1990 – Whether Article 116 of the Limitation Act 1963 applies – Held that the Jogighopa Act is not governed by the prescription of limitation under Article 116 of the Limitation Act, 1963, as the appeal thereunder, from an order of...
Historical Land Acquisition Case – Incomplete Proceedings – Original land acquisition proceedings (case no. LD-5 of 1949-50) for 329.43 acres in Mouzas Natagarh, Sodepur, and Ghola under the Act of 1948, with the declared intent of resettling migrants, remained incomplete without award declaration. Petitioners, inheritors of the land, sought reassessment of compensation under the Act o...
Land Dispossession and Compensation – Unlawful Dispossession from Portion No. 2 – Petitioner, owner of land in Village Bharthal, unlawfully dispossessed by Delhi Development Authority (DDA) without acquisition for construction of road and footpath. DDA admits mistake and readiness to compensate as per new Act of 2013. Petitioner seeks alternate land allotment. [Paras 2, 3.1-3.4]
Pet...
Income Tax Appeal – Assessment under Section 153A – Validity of initiating proceedings under Section 153A – Appellant challenges the order of the Income Tax Appellate Tribunal – Questions raised regarding the scope of assessment under Section 153A and applicability of CIT Vs Kabul Chawla and Dr. A.V. Sreekumar judgments – Appellant did not press question No. 2.1 &ndas...