Lucid Law

  Background A PIL before the Calcutta High Court challenged a residential construction near  Visva-Bharati  University, alleging that it stood on ecologically sensitive “ khoai ” land and lacked competent permissions. The High Court ordered demolition, compensation, and action against officials. The developer, planning authority (SSDA), and flat purchasers appealed.   Issues Framed 1.  Whether the High Court was justified in concluding that the subject plot was “ khoai ” land warranting demolition. 2.  Whether the High Court correctly exercised PIL jurisdiction to order demolition based on the material on record. 3.  Whether the regulatory approvals and land-use permissions rendered the construction illegal.   Court’s Reasoning •  Nature of the land:  The Court held that there was  no clear, specific, or contemporaneous scientific evidence establishing that the  subject plot itself  was “ khoai ” land. Reports relied upon...

  Background Disputes arising from a family settlement were referred to arbitration. Upon delay in making the award, an application for extension under  s. 29A Arbitration and Conciliation Act, 1996 was moved before the Commercial Court. Meanwhile, owing to resignation of the presiding arbitrator, a fresh appointment was made by the High Court under  s. 11 . The High Court thereafter held that only it had jurisdiction to extend time under  s. 29A , setting aside the Commercial Court’s order.   Issues Framed 1.  Whether an application under  s. 29 A( 4)  lies before the High Court merely because the arbitral tribunal was appointed under  s. 11 . 2.  Whether “Court” in  s. 29A  bears the meaning assigned in  s. 2(1)(e)  or requires contextual departure.   Court’s Reasoning •  Textual primacy of s. 2(1)(e):  The Court reaffirmed that the definition of “Court” in  s. 2(1)(e)  is exhaustive and gov...

  Background The appellant-advocate was proceeded against under  s. 35 Advocates Act, 1961  for alleged professional misconduct, namely failure to ensure deposit of costs imposed by the High Court, which resulted in temporary dismissal of a quashing petition filed on behalf of the respondent-client. Although the High Court ultimately restored and allowed the quashing petition, the Bar Council of India (BCI), upon transfer of proceedings, held the advocate guilty and imposed a monetary penalty with a conditional suspension.   Issues Framed 1.  Whether disciplinary proceedings for professional misconduct can continue after the complainant has withdrawn allegations by a sworn affidavit. 2.  Whether a finding of professional misconduct can be sustained without evidence being led and without affording the advocate the right of cross-examination.   Court’s Reasoning •  Withdrawal of complaint:  The Court noted that during the pendency of disciplina...

  Background The first appellant, owner of a residential apartment complex, disputed the respondent’s claim that a portion of the ground floor constituted a mosque used for public prayers since 2008. Alleging obstruction in 2021, the respondent filed a  suit for perpetual injunction  asserting the premises to be a  wakf  by user . The appellants sought  rejection of plaint under Order VII Rule 11 CPC , contending that the property was neither notified nor registered as  wakf  and that the  Wakf  Tribunal lacked jurisdiction. The High Court dismissed the challenge, holding that the pleadings disclosed a  wakf  by user  under  s. 3(r)( i ),  Wakf  Act,  1995  .   Issues Framed 1.  Whether the  Wakf  Tribunal has jurisdiction under the  Wakf  Act, 1995 to entertain a suit for injunction simpliciter in respect of a property not included in the ‘list of  auqaf ’ or reg...

    A registered sale deed cannot be lightly declared sham; strong presumption of validity attaches, rebuttable only by clear pleadings and cogent proof, and not by vague allegations or subsequent conduct.   Background Tukaram  executed a  registered Sale Deed dated 12.11.1971  in  favour  of  Hemalatha  for ₹10,000, followed by a  registered Rental Agreement  under which  Tukaram  continued in possession as tenant. After eviction proceedings were initiated for default in rent,  Tukaram  filed a civil suit seeking declaration that the sale deed and rental agreement were  sham and nominal , contending that the transaction was in substance a loan/mortgage. The Trial Court decreed the suit; the First Appellate Court reversed it; the High Court restored the Trial Court’s decree. The purchasers appealed.   Issues Framed 1.  What is the legal threshold for declaring a  registered sale deed ...

  NCLT cannot finally declare title to a disputed trademark under s. 60(5) IBC where the approved resolution plan itself  recognises  rival claims and no avoidance application was pursued.   Background Fort  Gloster  Industries Ltd. (FGIL) entered CIRP under the  Insolvency and Bankruptcy Code, 2016 (IBC) .  Gloster Limited emerged as the successful resolution applicant (SRA). During CIRP,  Gloster  Cables Ltd. (GCL) filed an application under  s. 60(5) IBC , contending that the trademark “ Gloster ” was not an asset of FGIL and should be excluded from any approved resolution plan. The NCLT rejected GCL’s application and incidentally held that the trademark belonged to FGIL; the NCLAT reversed the title finding but upheld NCLT’s jurisdiction. Cross-appeals followed.   Issues Framed 1.  Whether the NCLT, while exercising jurisdiction under  s. 60(5)(c) IBC , could record a definitive finding on title to the trademark “...