Limitation Act, 1963 – Article 58 – Words and phrases – “Cause of action first arisen” – The cause of action shall be taken to arise not from the date of original adverse order but on the date when the order of the higher authority where a statutory remedy
AIR 1990 SC 10 : (1989) 43 ELT 790 : (1989) 59 FLR 631 : (1989) 3 JT 530 : (1989) 2 SCALE 510 : (1989) 4 SCC 582…
Auction sale of immovable property–Confirmation of–Only because the sale was confirmed within a period of 30 days from the date of acceptance of bid, the same by itself, was not decisive to set aside the sale after 8 years. Auction sale–Deposit of amount–Term ‘immediately’– Required to be construed as meaning with all reasonable speed, considering the circumstances of the case.
2007(1) LAW HERALD (SC) 631 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Markandey Katju Civil Appeal No. 6129 of 2000…
Service Law–Creation or sanction of post is essentially an executive function.
2007(1) LAW HERALD (SC) 629 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Markandey Katju Civil Appeal No. 4349 of 2006…
Arbitration–Term ‘dispute’–Must be given its general meaning under the 1996. Arbitration–Where there exists an arbitration agreement, the Court is under obligation to refer the parties to arbitration in terms of the arbitration agreement.
2007(1) LAW HERALD (SC) 625 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Markandey Katju Civil Appeal No. 326 of 2007…
Mortgage Property—Redemption of—Failure to produce receipt in earlier proceedings—Cannot be considered at execution stage.
2007(1) LAW HERALD (SC) 623 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Markandey Katju Civil Appeal No. 325 of 2007…
Acquisition of Land–Declaration under Section 6 made after expiry of one year from the date of publication of the notification under Section 4(1) of the Act, would be void and of no effect. Temporary Injunction–Stay Order–Vacation of–There is no warrant for the proposition, that unless an order of stay passed once, even for the limited period is vacated by an express order or otherwise; the same would continue to operate.
2007(1) LAW HERALD (SC) 619 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Markandey Katju Civil Appeal No. 324 of 2007…
Partition–Appellants purchased property from other co-sharer; entitled to be impleaded as necessary party. Decree–Partition–Preliminary decree passed in the absence of necessary party cannot stand.
2007(1) LAW HERALD (SC) 617 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. A.R. Lakshmanan The Hon’ble Mr. Justice V.S. Sirpurkar Civil Appeal No. 262 of…
Retrenchment–Compensation–Principle of 26 working days for determining the compensation under Section 25F(b) of I.D. Act is not justified. Interpretation of Statute– Ordinary meaning of the words should not be departed from unless it can be shown that the legal context in which the words are used requires a different meaning.
2007(1) LAW HERALD (SC) 609 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice G.P. Mathur The Hon’ble Mr. Justice Dalveer Bhandari Civil Appeal No. 252 of 2007…
Service Law–Promotion–Once there has been a valid division of two regions, a distinct and separate seniority list of the employees was required to be maintained.
2007(1) LAW HERALD (SC) 607 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Markandey Katju Civil Appeal No. 6449 of 2000…
Service Law–Promotion–Respondent promoted to the post of Headmaster, which was permissible at the relevant time, cannot be denied the benefit of promotion to the post of Principal Grade II, although they held the post of lecturer.
2007(1) LAW HERALD (SC) 605 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Markandey Katju Civil Appeal Nos. 6401-6407 of 2000…