Commercial Law - Trademark and Copyright Dispute – Rejection of Plaint – Order 7 Rule 11 CPC – Suit Barred – The plaintiff filed a suit against the defendants alleging infringement of trademark and copyright, and passing off, in respect of the mark ‘PADAN’ – The Court held that the plaintiff, Coromandel Indag Products India Ltd., had no locus standi to ins...
Arbitration Law - Arbitration Appeal – Scope of Court Interference – Arbitration Award Restored – The appellants challenged modification of arbitral award by the trial court under Section 34 of the Arbitration Act – The High Court held that the trial court had exceeded its jurisdiction by reappreciating evidence and modifying the award without any basis of patent illegality...
Family Law – Matrimonial Dispute – Section 13(1)(ia) of the HMA Act - Section 18, Hindu Adoptions and Maintenance Act - Divorce, Maintenance, and Return of Gold Ornaments – Partial Relief Granted to Both Spouses – The Family Court dismissed the husband’s petition for divorce and the wife’s claim for return of gold and maintenance, except for maintenance of the m...
Civil Law - Partition Suit – Proof of Will and Gift Deeds – Section 63(c) of Indian Succession Act and Section 68 Evidence Act – Rejection Upheld – Plaintiff sought partition of ancestral properties claiming intestate succession after mother’s death – Defendants relied on Will and two settlement deeds – Both Trial Court and First Appellate Court rejected W...
Real Estate Project – Right to Withdraw – Section 18 of RERA – Limited Timeframe for Exercise of Right – The Court held that though Section 18 of RERA confers an unqualified right on allottees to withdraw when there is a delay in possession, this right cannot be exercised indefinitely – Where possession is validly offered along with Occupation Certificate (OC), the al...
Writ - Service Law – Dismissal from Cooperative Society – Disciplinary Proceedings – Principles of Natural Justice Complied – The petitioner, Secretary of Sadhan Sahkari Samiti, was dismissed after findings of financial embezzlement – Earlier dismissal was set aside for violation of natural justice but directions were issued to conduct fresh inquiry after supplying do...
Devaswom Tender Conditions – Sub-letting and Encroachment by Kuthaka Holder – Breach of Tender Terms – Disciplinary Directions Issued - The Court considered suo motu proceedings initiated based on a report of unauthorised sub-letting and excess land occupation by the 7th respondent (kuthaka holder) in Stall No.113 at Pamba Manappuram – The 7th respondent failed to disclose ...
Writ – Tenancy Law - Mutation Entries – Delay in Challenge – Jurisdictional Defect – RTS Appeal Filed after 33 Years Without Condonation – Order of SDO Cancelled – Court held that challenge to Mutation Entry No.1201 dated 14.07.1962 by Gaikar family after lapse of 33 years without condonation of delay rendered the entire proceedings before SDO void ab initio &nd...
Civil Writ - Service Law – Recruitment – Minimum Qualifying Speed in Shorthand Test – Rule 10 of 1986 Rules – Petition Dismissed - Petitioner applied for Stenographer Grade-III post under PH category, secured 121.142 marks including shorthand, speed and efficiency tests – Failed to meet mandatory speed of 70 WPM in Hindi shorthand test (secured only 50.167 WPM) &ndash...
Civil Law - Injunction Suit – Co-sharers in Joint Land – No Obstruction or Illegal Construction Proved – Appeal Dismissed – Plaintiff, a co-sharer, filed suit for injunction alleging defendants were raising construction on valuable land near main road during pending partition proceedings – Trial Court and First Appellate Court found construction was completed lo...