Specific Relief – Specific Performance – Concurrent Findings – Second Appeal – Plaintiff sought enforcement of agreement of sale dated 17.09.1998 – Trial Court decreed suit and First Appellate Court confirmed decree – Defendant admitted execution of agreement but pleaded it was nominal and executed for loan – High Court held that execution of agreement and...
Civil Writ - SARFAESI Act – Priority of Secured Creditor – Refusal to Register Sale Deed – Bank conducted e-auction of secured asset after borrower defaulted and deposited full sale consideration – Sub-Registrar refused registration citing later attachment for State tax dues – Held: Secured creditor’s charge created earlier in time has priority over subsequent a...
Domestic Violence Act – Quash Petition – Supervisory Jurisdiction under Article 227 – Petitioners (husband and parents-in-law) sought quashing of D.V. complaint on the ground that averments did not warrant issuance of process – Held: High Court ought not to exercise supervisory jurisdiction at threshold to quash D.V. proceedings – Aggrieved respondents must raise issu...
Civil Procedure – Counter-Claim – Reply to Counter-Claim – Failure to File – Plaintiff failed to file reply to counter-claim and replication to written statement within prescribed time – Trial Court struck off defence – Revision petition filed challenging curtailment of right [Paras 1-2].
Counter-Claim – Nature – Treated as Plaint &ndash...
Judicial Review – Tender Matters – Disputed Questions of Fact – Writ Jurisdiction under Article 226 – Petitioner sought cancellation of tender and award in his favour alleging higher revised bid and violation of tender conditions – Rival parties produced mutually contradictory documents regarding the amount of revised bid submitted – Held: Where adjudication req...
Contract Law – Fraudulent Agreement – Sale of Vehicle under Hire Purchase – Void Contract – Plaintiff paid earnest money of Rs. 4,90,000/- under agreement dated 16.10.2012 for purchase of truck – Defendant represented that she had cleared substantial loan though outstanding dues existed – Agreement executed during subsistence of hire-purchase loan – Held: ...
Service Law – Gratuity – Conflict between Payment of Gratuity Act, 1972 and Service Rules – CMD of Government Company – Applicability of MSTC CDA Rules – Appellant-company challenged Single Judge judgment upholding entitlement of respondent (former CMD) to gratuity under the 1972 Act – Held: Where service conditions are governed by CDA Rules permitting continuat...
Civil Law – Written Statement – Signature Requirement – Right to Lead Evidence – Trial court denied defendant no.2 permission to lead evidence holding that written statement was unsigned – High Court noted that written statement was signed by defendant no.1 and accepted as written statement on behalf of all defendants by Original Side of High Court – Replication...
Property Law – Declaration of Title – Burden of Proof – Plaintiff seeking declaration of title and mandatory injunction against defendant alleged to have encroached and constructed house – Held: In a suit for declaration, plaintiff must affirmatively prove her own title and also the title of her vendors – Failure to establish identity of property and boundaries fatal ...
Labour Law - Industrial Disputes – Wage Revision – Onward Revision of Wages and Allowances – Tribunal Award Set Aside – Tribunal answered reference in favour of workmen on revision of wages and additional dearness allowance – High Court held that Tribunal failed to analyze oral and documentary evidence and jumped to conclusions by merely reproducing Supreme Court prec...