Civil Procedure – Appointment of Local Commissioner – Order XXVI Rule 9 CPC – Discretion Misapplied – Petitioner filed suit seeking permanent injunction against obstruction of passage and requested appointment of Local Commissioner to inspect and report factual position – Trial Court rejected request stating it was an attempt to collect evidence – Held: Commissi...
Mining Law – Vehicle Seizure – Authorized Officer – Seizure upheld – Petitioner challenged seizure of Tata Signa Hyva truck on the ground that it was illegally seized by the Tahasildar – Held: Though the raid was supervised by the Tahasildar, the seizure was carried out by a Sub-Inspector of Police, a competent authority under Rule 51(1)(ii) of the OMMC Rules – ...
Service Law - Family Pension – Son's entitlement – Condition of marriage – M.P. Civil Services (Pension) Rules, 1976 – Held: Marriage of a son does not render him ineligible for family pension; entitlement continues until age 25 or earning livelihood, as per Rule 47(6) which is the substantive provision, overriding any ambiguity in the definition clause Rule 47(14)(b)(i...
Arbitration – Substitution of Parties – Order XXII Rule 10 CPC – Assignment and Settlement Agreements – NHAI sought substitution by IL&FS Transportation Networks Ltd. (concessionaire) in ongoing arbitration with CFM Asset Reconstruction Pvt. Ltd. (assignee of senior lenders) – Arbitral tribunal rejected application noting claimant was not a party to Settlement Agr...
Service Law - Pension Law – Family Pension – Legal Heir – Second Wife – Claim Valid – Deceased government servant had divorced first wife and married respondent in 1993 – Marriage proven through oral testimony, housing documents, marriage certificate from Registrar, and witness depositions – Non-entry of respondent’s name in service record held immat...
Insolvency Law – IBC - Moratorium under Section 14 – Scope – Corporate debtor (developer) failed to commence or complete redevelopment project despite multiple extensions – Society terminated the Development Agreement and executed new agreement with another developer prior to initiation of second CIRP – Held: Section 14 does not protect development rights already term...
Civil Law - Order 38 Civil Procedure Code (CPC) – Attachment Before Judgment – Fraudulent Transfer – Registered sale deed executed prior to institution of suit – Held: Attachment before judgment under Order XXXVIII Rule 5 CPC cannot extend to property already transferred before the suit – Attachment is a protective mechanism, not a tool to defeat completed transaction...
Civil Law – Specific Performance – Interim Injunction – Reversal Upheld – Plaintiff-petitioner filed suit for possession based on agreement to sell, alleged earnest money paid and possession delivered – Trial Court granted interim injunction restraining alienation of land – Appellate Court reversed the order noting lack of prima facie evidence, disputed signatur...
Tenancy Law – Period of Tenancy – Dispute over duration – Plaintiff claimed tenancy continued beyond 31.03.2017 – Defendants asserted surrender on that date – Court held that implied surrender was established under Section 111(f) of Transfer of Property Act – Finding based on tender of surrender letter, affixation of notice, and shifting of office to new premise...
Industrial Disputes – Reinstatement – Back Wages – Absence Without Leave – Reinstatement Without Back Wages Upheld – Petitioner, a temporary Chawkidar whose services were regularised, absented without sanctioned leave from 02.11.1993 to 27.01.1994 – Tribunal found non-acceptance of joining illegal and ordered reinstatement but denied back wages – Held: Abs...