Tender Law – NIT Clauses 5(D) & 5(B) – JV Agreement – Appeal Partly Allowed – Appellant disqualified for not submitting JV agreement though submitted work execution certificate confirming 45% share in prior consortium – High Court upheld disqualification and also held appellant lacked spare washery capacity – Held: Clause 5(D) did not mandate JV agreement it...
Review Jurisdiction – Scope under Section 114 and Order 47 CPC – Review Order Quashed – The Appellant sought amendment of a preliminary decree to claim her rightful share as a coparcener after the 2005 Amendment to the Hindu Succession Act – The Trial Court dismissed the plea; High Court initially allowed the revision, recognising her 1/3rd coparcenary right – In a su...
Civil Law – Order XXI Rule 99 CPC – Article 128 Limitation – Section 5 Inapplicable – Appeal Allowed – Respondent’s application under O.21 r.99 CPC held barred by the 30-day limitation from the date of dispossession; Section 5 does not apply to Order XXI; impugned appellate decree set aside – The Court held Article 128 governs O.21 r.99 applications and ma...
Civil Writ - Public Employment – Appointment on Forged Documents – Termination – Held: Appointment obtained through forged and fabricated certificate is void ab initio – Fraud vitiates all – No equity, estoppel, or statutory right arises from such fraudulent employment – Petitioner cannot claim protection under service regulations or Article 311(2) when initial ...
Advocate Enrollment – Cancellation of Provisional License – Section 58 of the Advocates Act and Rule 49 of BCI Rules – Quashing of Order - Petitioner challenged the cancellation of his provisional license by the Bar Council citing Rule 49 of the Bar Council of India Rules after his appointment as Prosecuting Officer – Petitioner had applied for conversion of provisional lic...
Civil Writ - Land Encroachment – Kerala Land Conservancy Act, 1957 – Proceedings for Eviction – Dismissal of Writ Petitions – The petitioner claimed ownership of 75 cents of land under patta and subsequent sale deed, alleging wrongful cancellation of patta and illegal eviction proceedings – Authorities contended petitioner encroached Government land in Sy. No.182 &nda...
Civil Law - Will – Valid Execution – Section 63 Succession Act & Section 68 Evidence Act – Will Upheld – Testator Anokhi Ram bequeathed estate to one daughter Prema Devi and son-in-law; other heirs challenged alleging fraud, unsoundness of mind, and suspicious circumstances – Courts below found Will duly proved through attesting witness and corroborated by evidenc...
Section 125 of the Electricity Act - Change in Law – Pro rata allocation of coal – Sections 62 & 63, Electricity Act – Appeals dismissed – Challenge to APTEL order upholding CERC’s direction that coal supplied under firm and tapering linkage is for the station as a whole and costs of alternate coal (import/open market) due to shortfall be apportioned pro rata base...
Civil Revision – Waqf Suit – Order 7 Rule 11 CPC – Plaint Rejected – Plaintiff, a devotee, sought declaration and possession over Survey Nos. 51 and 52 as Waqf property of Dargah – Tribunal rejected applications under Order 7 Rule 11 – Held: Suit not maintainable as properties never included in gazetted list under Section 5 of Waqf Act, 1954/1995 – No stat...
Tenancy Law - Eviction Petition – Bona fide Requirement – Section 14(3)(b)(i) Rent Act – Eviction Upheld – Landlord sought eviction to expand business and settle younger son; tenant resisted alleging harassment, sufficient income/pension, and alternate accommodation – Held: Landlord is best judge of his requirement; Court cannot dictate manner of expansion – Bon...