Civil Law – Will - Suspicious Circumstances – Allegations Rejected – Probate Upheld – Appellant raised doubts over timing of execution, non-production of original Will initially, use of different inks, and alleged contradictions in witnesses' evidence – Court held none of the issues raised amounted to real or germane suspicious circumstances – Execution of W...
Civil Law - Territorial Jurisdiction – Re-Presentation of Returned Plaint – Order 7 Rule 10 CPC – Suit Re-registered Without Amendments – Set Aside – A plaint once returned for lack of jurisdiction cannot be re-registered without incorporation of new facts showing jurisdiction – Held: The re-registration of the suit on identical pleadings without any amendment w...
Civil Law - Rejection of Plaint – Cause of Action – Illusory Pleading – Order VII Rule 11 CPC – The plaintiff claimed a 1/3rd share in ancestral property and challenged sale deeds of 1972 and 1975, relying on the dismissal of a prior unrelated civil suit in 2021 as cause of action – Held: The Court found that the alleged cause of action was fictitious and a result of ...
Civil Law - Commercial Suit – Amendment of Plaint – Order 6 Rule 17 CPC – Application Allowed – Amended Pleading – The plaintiff moved an amendment application which was allowed on the same day – It was not clearly recorded whether the defendants opposed or conceded to the amendment – The defendants were granted time to file a written statement to the amen...
Arbitration Law - Arbitral Jurisdiction – Group of Companies Doctrine – Applicability to Non-signatories – Tribunal Empowered – The arbitral tribunal allowed impleadment of ASF Buildtech Pvt. Ltd., a non-signatory, holding it to be a veritable party under the Group of Companies doctrine – Held: An arbitral tribunal has the jurisdiction to decide its own competence und...
Arbitral Award – Modification by Section 34 Court – Not Permissible – Section 34 Does Not Confer Power to Modify – The Court held that the statutory language of Section 34 of the A&C Act permits only “setting aside” of arbitral awards and not “modification,” distinguishing it from appellate jurisdiction under the CPC – The qualitative diffe...
Interest for Delayed Payment – Suit Maintainability – The appellant, a PWD contractor, filed a suit seeking interest for delayed payment of a bill amount for work completed. The trial court decreed interest at 18% per annum, which was reversed by the first appellate court. The High Court held that a suit for interest alone is maintainable under Section 3(1) of the Interest Act, 1978, a...
Electricity Law - Electricity Tariff – Excessive Delegation – Regulation 4.4 of WBERC Tariff Regulations Struck Down – Petition Allowed in Part – Petitioners challenged Regulation 4.4 that permitted licensees to impose “restricted drawal” limits and charge double rates for exceeding them – Held: Regulation confers uncanalised and arbitrary powers on licens...
Defamation – Injunctive Relief – Prima Facie Defamatory Content on Social Media – Ad Interim Injunction Granted – Plaintiff, a sitting Cabinet Minister, filed suit against Defendants for uploading multiple YouTube videos containing reckless and baseless allegations targeting his character and conduct – The Court noted that the defamatory nature of the videos was prima...
Civil Procedure – Review of Judgment – Omission to Answer Substantial Question – Review Partially Allowed – Applicants sought review of judgment dated 16.12.2024 for failure to address substantial question of law (e) regarding possession – Court found omission to answer question (e) constituted error apparent on face of record – Held: Question (e) answered in fa...