Rent Control – Determination of Fair Rent – Appeal against High Court order dismissing challenge to fair rent determination – Application for fair rent can be made by both landlord and tenant even during the currency of contractual tenancy – Supreme Court upheld the dismissal of the appeal, affirming that the Rent Control Act provisions override contractual agreements and a...
Senior Citizen Law – Voidance of Gift Deed under Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 – High Court quashes order of the Assistant Commissioner dismissing the mother’s petition – The Court held that the absence of a clause in the Gift Deed obligating the donee (son) to take care of the donor’s (mother’s) basic needs d...
Preventive Detention – Non-Application of Mind – Failure to Consider Bail Orders – Detention order quashed - The petitioner was granted bail in all the FIRs mentioned in the detention order, yet the detention order failed to mention the grant of bail – Held: Non-mentioning of bail orders indicates non-application of mind by the detaining authority, thus rendering the ...
Motor Accident Claims – Contributory Negligence – Reversal of Findings – The appellants, survivors, and legal heirs of passengers involved in a collision with a parked truck, contested the reduction of their compensation due to contributory negligence – The parked truck was abandoned in the middle of a highway at night, without any warning signs – Held: The deduction ...
Service Law – Recruitment and Promotion – Deputation and Absorption – Appointment of respondent on deputation as Project Engineer (Electrical) in NOIDA and subsequent absorption challenged by appellants – Regulation 16 of 1981 Regulations permits appointment by deputation – Recruitment and Promotion Policy 2005 inconsistent with 1981 Regulations and not implemented &n...
Mining Law – Transportation of Iron Ore – Legislative Policy – Rule 12(1)(gg) of the Minerals Concession Rules grants lessees six months to remove mineral ore after lease termination – The Supreme Court set aside the High Court’s order, permitting transportation of royalty-paid iron ore mined before 15.03.2018 – State of Goa’s decision to allow such transp...
Facts:
The 1994 EIA notification mandated prior Environmental Clearance (EC) for the setup and expansion of industrial units in specified categories. The circular of 2002 extended the deadline and allowed for ex post facto ECs. The circular was challenged and quashed by the National Green Tribunal (NGT). The industries in question did not seek ECs as required by the EIA notification and operate...
Maintenance under Section 125 Cr.P.C. – Prima Facie Marriage Dispute – Necessity to Establish Valid Marriage – The petitioner denied that the opposite party (Respondent No. 2) was his legally married wife and argued that she was his maid. The petitioner claimed to have been married to another woman since 1979 and provided documentary evidence, including a marriage invitation card...
Town Planning – Transferable Development Rights (TDR) – Allotment of Alternative Sites – High Court directed Municipal Corporation to allot alternative tenements to displaced tenants and consider TDR for landowners – Corporation's demolition of structures without due process found high-handed – Corporation's willingness to grant TDR acknowledged but relief of ...
Rent & Eviction – Re-induction of Tenant – Statement by counsel in court – Landlord bound by counsel's statement regarding re-induction of tenant – High Court's decision to uphold counsel's statement in review petition justified – Counsel's statement binds landlord, cannot resile from it – Order for re-induction of tenant in reconstructed pre...