Civil Law – RDB Act ss.2(g), 17, 18, 19 & 31 – Transfer of pending bank suit to DRT after amalgamation – Petition Dismissed – HDFC Ltd.’s recovery suit (2007) became a bank’s claim post-amalgamation with HDFC Bank Ltd.; held: “debt” under s.2(g) covers liabilities claimed as due by a bank during its business (including assigned/amalgamated ...
Civil Law - – Additional Evidence – Order XLI Rule 27(1) CPC – Mandatory Pleading Requirement – High Court’s Error – High Court reversed the Trial Court’s decree for specific performance by accepting additional evidence submitted by the defendant – However, the Supreme Court held that before allowing additional evidence, the Appellate Court mus...
Civil Law - Specific Performance – Validity of Sale Agreement – Enforceability Confirmed – The plaintiff sought specific performance of agreement dated 10.04.2006 for purchase of suit land from Defendant No.1 – Trial Court had granted only permanent injunction and denied specific performance citing pending correction of revenue records – First Appellate Court reversed...
Taxation Law - Customs Duty Exemption – Import of Inverter Units – Notification No. 12/2012-CE – Exemption Denied – Assessee imported standalone grid-tied solar inverters and claimed exemption from additional duty under Notification No. 12/2012-CE dated 17.03.2012 – Department denied exemption on the ground that the imported item did not constitute a complete Solar Po...
Civil Law - Declaration of Title – Assignment Deeds in Name of Minor – Burden of Proof – Father–Son Property Dispute – Plaintiff claimed that properties purchased in 1983 under two assignment deeds stood in his name when he was 6 months old, though deeds recorded age as 6 years – Father contended plaintiff was born in 1983 and not in existence when deeds were ex...
Civil Law - Eviction Suit – Jurisdiction of Civil Court – Sections 5, 8, and 21 of the West Bengal Thika Tenancy Act, 2001 – Eviction Suit Dismissed – Plaintiffs sought eviction on grounds of default, nuisance, and reasonable requirement – Trial Court decreed eviction without considering statutory jurisdictional bar – Held: The civil court lacked subject-matter ...
Civil Law – Challenge to ex parte specific performance decree of 1976 – Fraud and guardian’s gross negligence alleged – Dismissal Affirmed – Suit O.S. No.165/1985 sought to avoid O.S. No.296/1975 decree on grounds of fraud/misrepresentation and guardian’s negligence, with consequential possession – Held: Appellant failed to prove fraud or gross negli...
Service Law - Fraudulent Appointment – Use of Forged Documents – Appointment Cancelled - The petitioner was appointed as Assistant Teacher in 2010 but his appointment was cancelled in 2022 on the grounds that forged educational documents and identity were used – The Court found discrepancies in the petitioner’s PAN, Aadhar, B.T.C. Certificate, and academic documents, indica...
Electricity Act - Power Purchase Agreement – Delay in Transmission Infrastructure – No Automatic Relief – Appeal Allowed - Appellant invoked bank guarantee for delay in project commissioning by Respondent Developer due to non-readiness of transmission lines by KPTCL – Held: Contractual provisions require formal extension request under Article 5.7 or Force Majeure notice und...
Arbitration Law - Arbitration Agreement – Validity of Unsigned Contract – Arbitration Clause Enforceable - The appellant sought reference to arbitration under Clause 32.2 of a contract which was not signed by respondent No.1 – Supreme Court held that the contract was nevertheless acted upon: goods were supplied, Letters of Credit issued, and email confirmation exchanged – H...