Commercial Suits – Additional Documents – Order XI Rule 1 CPC – Petition by defendant to produce documents after completion of plaintiff’s and defendant’s examination rejected – Court reiterated statutory proscription on piecemeal disclosure in commercial suits – “Reasonable cause” must be shown for non-disclosure at appropriate stage – M...
Civil Law – Declaration of Title – Illegitimate Son – Hindu Marriage Act – Hindu Succession Act – Compromise Decree Entered Without Leave of Court – Minor Filing Suit After Majority for Cancellation of Compromise Decree – Maintainability – Plaintiff born from void marriage – Trial Court set aside compromise decree but limited plaintiff’s ...
Public Contracts – Tender – PIL – Composite procurement (thermal + solar) – Prior approval for deviations – MERC displeasure vs. ultimate approval – Locus of political functionary – Judicial review under Art. 226 confined to illegality/irrationality – Non-impleadment of successful bidder – Petition filed before bids opened – No Article 14...
Service Law – Eligibility under Reserved Quota – Appointment in TGT Post – Appellant working in 100% Government-aided Minority School applied under 25% quota reserved for Government Elementary School teachers – Selection process conducted and appointment letter issued based on recommendation of District Education Establishment Committee – After one year, appointment c...
Arbitration and Conciliation Act, 1996 – Section 34 & 37 – Scope of interference – International Commercial Arbitration – EPC contractor SEPCO obtained arbitral award of ~₹995 crores against GMRKE Ltd. – Single Judge dismissed GKEL’s Section 34 challenge – Division Bench allowed appeal under Section 37, set aside award and Single Judge’s order,...
Civil Procedure – Impleadment of Transferee Pendente Lite – Doctrine of Lis Pendens – Application under Order I Rule 10 CPC – Trial court allowed subsequent purchaser’s impleadment despite purchase being made during pendency of civil suit and in violation of interim injunction – Held: Order unsustainable – Purchaser during pendency of litigation is neither...
Civil Procedure – Rejection of Plaint – Order 7 Rule 11 CPC – Maintainability – Plaintiff sought declaration of ownership of two properties in different districts, including one in Noida and one in Auraiya – Trial court rejected suit citing lack of jurisdiction over Auraiya property and failure to challenge lease deed – Held: Under Section 17 CPC, suit maintaina...
Service Law – Recruitment – Medical Examination – Candidate (ST woman) qualified prelims, mains, interview and document verification – Rejected for not appearing in medical test scheduled for “next day” after interview – Ambiguity in advertisement regarding date of medical test and no penal consequence prescribed – Held: Rejection disproportionate &n...
Family Law – DNA Testing – Rejection of Application – Petitioner sought direction for DNA test of minor child in maintenance proceedings to disprove paternity – Application filed in 2025, 12 years after divorce and 3 years after filing of maintenance case – No evidence of non-access during marriage – No prima facie case made out – Held: Presumption of legi...
Limitation – Suit for Recovery – Applicability of Article 14 – Not a Mutual Open Account – Plaintiff company supplied tyres and flaps on credit between 1980 and 1984 – Defendant made part payments totaling ₹2,27,380/-, and plaintiff sought to recover ₹34,971.05 with interest – Trial Court held suit within limitation based on last payment in March 1983 &ndash...