II (2010) CLT 54 (SC)

Arbitration Act, 1940 — Section 30 — Unreasonableness of an Award is not a matter for the Court to consider unless award is per se preposterous or absurd.

II (2010) CLT 113 (SC)

Arbitration and Conciliation Act, 1996 — Sections 34(2)(b), 34(3), 37 — Amendment in memorandum of appeal to raise additional/new grounds cannot be permitted.

II (2010) CLT 1 (SC)

Civil Procedure Code, 1908 — Order 6 Rule 1, Order 12 Rule 6 — Transfer of Property Act, 1882 — Section 114 — Constitution of India, 1950 — Art. 136 — Evidence Act, 1872 — Section 116 — Admission of non-payment of rent — Judgment can be rendered on admission by Court — Estoppel against challenge — Section 116 of Evidence Act prima facie applies and Club is prima facie stopped from challenging title of Trust — Club is not entitled to any equitable relief under Article 136 of Constitution on account of its conduct.

II (2010) CLT 113 (SC)

— — Order 6 Rule 17 — Pleadings — Amendment in pleadings — Amendment in pleadings is a matter of procedure — Grant or refusal thereof is in discretion of Court — Such discretion has to be exercised consistent with settled legal principles.

II (2010) CLT 113 (SC)

— — Order 6 Rule 17, Order 41 Rule 2 — Amendment of pleadings — Powers of Appellate Court — Appellate Court has power to grant leave to amend the memorandum of appeal.

II (2010) CLT 1 (SC)

— — Order 12 Rule 6 — Judgment on Admissions — Provision under Order 12 Rule 6 is enabling, discretionary and permissive and neither mandatory nor peremptory since word ‘may’ has been used.

II (2010) CLT 109 (SC)

— — Order 17 Rule 1 — A suit cannot be dismissed for non-payment of costs.

II (2010) CLT 50

— — Order 37 Rule 3(5) first Proviso — Leave to defend cannot be refused unless Court was satisfied that fact disclosed by defendants do not raise substantial defence or defence was frivolous or malicious.

II (2010) CLT 1 (SC)

Constitution of India, 1950 — Article 136 — Special Leave to Appeal — Jurisdiction of this Court under Article 136 of Constitution is basically one of conscience — Jurisdiction is plenary and residuary in nature — It is unfettered and not confined within definite bounds.

II (2010) CLT 92 (SC)

Court Fee — Suit for declaration, joint possession and injunction governed by Section 7(iv)(c) of Act.

II (2010) CLT 125 (SC)

Distinction — ‘Established by a Central Act’ and ‘established under a Central Act’.

II (2010) CLT 45 (SC)

Foreign Liquor — Licence for Sale of Foreign Liquor (FL-2 Licence) — Grant of — No citizen has fundamental right to carry on trade or business in liquor.

II (2010) CLT 26 (SC)

Guardianship — Custody of minor — Interest of the minor is of paramount importance to Court which stands in loco parentis to minor — Wishes of minor are to be given due weightage.

II (2010) CLT 66 (SC)

Hindu Marriage Act, 1955 — Section 26 — Custody orders are always considered interlocutory orders.

II (2010) CLT 125 (SC)

Interpretation of Socio-economic Statutes — Courts should adopt different yardsticks and measures for interpreting socio-economic statutes, as compared to penal statutes and taxing statutes — But a caveat — Express limitations placed by socio-economic statute cannot be ignored, so as to include in its application, those who are clearly excluded by such statute itself.

II (2010) CLT 96 (SC)

Interpretation of Statutes — “Purposive Construction” has often been employed to avoid a lacuna and to suppress the mischief and advance the remedy.

II (2010) CLT 15 (SC)

Judgment — Cannot be read as a statute — Construction of judgment should be made in the light of factual matrix involved therein.

II (2010) CLT 15 (SC)

— — Interpretation — Public interest should be taken into consideration.

II (2010) CLT 15 (SC)

— — Prospective or retrospective operation — On balance of all relevant considerations, Court to decide whether a decision which unsettles previous position of law should be applied retrospectively or not — Factors to be taken into consideration to determine whether judgment is prospective or otherwise.

II (2010) CLT 34 (SC)

Judicial Order — Every judicial order must be supported by reasons recorded in writing — It ensures transparency and fairness in decision making.

II (2010) CLT 82 (SC)

Land ACquisition — Compensation — Determination of — Potentiality of land for development and surrounding areas to be considered.

II (2010) CLT 31 (SC)

Land Acquisition Act, 1894 — Sections 4, 6, 11 — Acquisition Proceedings — Challenge under Section 4 of Notification should be within a reasonable period.

II (2010) CLT 122 (SC)

— — Sections 4, 6, 23(1-A) and 30(1)(b) — Claimants entitled to get benefit under Section 23(1-A) — Compensation awarded to lands identically circumstanced.

II (2010) CLT 53 (SC)

Land Laws — Land-owners under Land Acquisition Act vis-a-vis Requisition and Acquisition of Immovable Property Act or Defence of India Act, are not similarly situated — Solatium and interest on the amount of compensation are not legally sustainable.

II (2010) CLT 125 (SC)

Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 — Sections 2(k), 47 — Company incorporated under Companies Act is not ‘establishment’ under Section 2(k) of 1995 Act.

II (2010) CLT 1

Practice and Procedure — No provision of CPC can be allowed to be misused by Courts so as to frustrate trial itself.

II (2010) CLT 1 (SC)

Principle of Election — Principle of ‘approbate and reprobate’ has been described as a species of estoppel which seems to be ‘intermediate between estoppel by record and estoppel in pais.’

II (2010) CLT 59 (SC)

Special Leave Petition — Matters which are of national or public importance, which involve substantial questions of law relating to interpretation of Constitution of India, where Court is satisfied that there has been a grave miscarriage of justice and where a fundamental right of a person has prima facie been violated, should be carried in SLP.

II (2010) CLT 125 (SC)

Word and Phrases — “A Corporation established by or under a Central, Provincial or State Act” — This term has no special significance in context of Disabilities Act or any other Socio-economic legislations.