Election Law – Corrupt Practices – Date of Candidature Crucial – Petition Rejected – Election of respondent to Davanagere Lok Sabha constituency was challenged alleging bribery and distribution of pressure cookers and cash on 06.04.2024 – Respondent filed nomination on 12.04.2024 – Held: For the purposes of Section 123 of the Representation of the People Act, a ...
Civil Law – RDB Act ss.2(g), 17, 18, 19 & 31 – Transfer of pending bank suit to DRT after amalgamation – Petition Dismissed – HDFC Ltd.’s recovery suit (2007) became a bank’s claim post-amalgamation with HDFC Bank Ltd.; held: “debt” under s.2(g) covers liabilities claimed as due by a bank during its business (including assigned/amalgamated ...
Advocates Act, 1961 - Professional Misconduct – No Advocate-Client Relationship – Complaint Dismissed – The appellant alleged professional misconduct against advocates representing opposing parties in an NI Act case – Bar Council of Delhi dismissed the complaint for lack of fiduciary relationship – The BCI affirmed that no professional misconduct is made out as the ad...
Civil Law - Impleadment in Specific Performance Suit – Order 1 Rule 10 and Order 43 Rule 1 of the CPC - Appeal against Addition of Third Party – Appeal Allowed – The appellant challenged an order of the Single Judge allowing the impleadment of her brother-in-law (Respondent No. 4) in a suit for specific performance of an agreement to sell – Held: A third party not pri...
Commercial Suit – Maintainability – Section 2(1)(c)(vii) of Commercial Courts Act – Decree Upheld – The appellant challenged the commercial nature of the dispute on ground that the rental amount was below threshold and not commercial – Held: The tenancy pertained to a commercial shop and dispute arose from lease of immovable property used in trade or commerce – ...
Civil Law - Injunction Suit – Requirement of Possession – Appeal Dismissed – Plaintiffs filed suit for permanent and mandatory injunction claiming possession and ownership of a plot – Trial Court decreed the suit directing removal of construction – First Appellate Court reversed, finding defendants were in possession with substantial construction on site at suit's...
Civil Law - Priority of Provident Fund Dues – Conflict between EPFO and Secured Creditors – Section 11(2) of PF Act vs. Section 35 of SARFAESI – Writ Petition Restored - EPFO sought recovery of statutory dues from auction proceeds of borrower’s properties sold by appellant (EARC) and Axis Bank – Appellant argued it already deposited ₹75 lakhs in proportion to sale v...
Civil Law - Suit Against Proprietary Concern – Substitution of Proprietor – Maintainability of Suit – Appeal Allowed - Appellants, landlords, had leased premises to “Aditya Motors”, a sole proprietorship concern of respondent Pilla Durga Prasad – Upon expiry of lease, eviction suit was filed, initially against Aditya Motors and others – Later, through amen...
Civil Law - – Additional Evidence – Order XLI Rule 27(1) CPC – Mandatory Pleading Requirement – High Court’s Error – High Court reversed the Trial Court’s decree for specific performance by accepting additional evidence submitted by the defendant – However, the Supreme Court held that before allowing additional evidence, the Appellate Court mus...
Civil Law - Declaration of Title – Assignment Deeds in Name of Minor – Burden of Proof – Father–Son Property Dispute – Plaintiff claimed that properties purchased in 1983 under two assignment deeds stood in his name when he was 6 months old, though deeds recorded age as 6 years – Father contended plaintiff was born in 1983 and not in existence when deeds were ex...