Suppression of Material Facts: A litigant invoking the extraordinary jurisdiction of the High Court under Article 226 of the Constitution must come with clean hands. Suppression of material facts disq...
The Supreme Court distinguished the case from P. Mohan Raj, holding that the cause of action under Section 138 NI Act arose after the moratorium was imposed. Since the appellant, as a suspended direct...
Continuing Offence:– The offence of money laundering under the PMLA is a continuing offence, and the liability extends as long as the proceeds of crime are concealed, used, or projected as untainted...
A discretionary order granting a temporary injunction should not be interfered with unless it is arbitrary or perverse (Wander Ltd. vs. Antox India P. Ltd., 1990 Supp SCC 727). An unregistered Agreeme...
Estoppel and Waiver: A party that accepts the benefits of a Government Resolution and acts upon it cannot later claim a refund or challenge the legality of the Resolution. (Para 34, 35) Prospective A...
Judicial Power – Clerical or Accidental Errors – Distinction Between Review and Amendment – Execution of Decrees – Correction of Judgment to Reflect True Intent a. Power under Section 152 CP...
Arbitrary Action Violates Article 14: The Court held that CIDCO’s actions were arbitrary and violated the principles of equality under Article 14 of the Constitution. The termination of the leas...
Resignation of a High Court Judge Does Not Forfeit Pensionary Benefits—Interpretation of “Retirement” Under High Court Judges (Salaries and Conditions of Services) Act, 1954 The word “retirem...
a. Cause of action arose when the default in payment occurred, not when the respondents were declared defaulters.b. Suit filed beyond three years from the default period (2008-09 to 2015-16) was time-...
A teacher in a Night Junior College, working for limited hours, cannot be treated as a full-time employee. Part-time service cannot be converted into full-time service for pension purposes unless spe...
