Deemed Conveyance – Developer's Right to Future Development Protected – Petition Allowed – The District Deputy Registrar’s order granting deemed conveyance of 3422 sq.m. land to the Society was challenged by the Developer claiming it undermined ongoing third-phase development – Held: Developer had valid commencement certificate and members had contractually consen...
Service Law – Withholding of Pension – Rule 3 Part III KSR – Action Held Arbitrary – Petitioner, a retired Principal of Government Engineering College, was denied pensionary benefits citing pending review petition against prior Supreme Court dismissal of SLP – Held: In absence of pending disciplinary or judicial proceedings, withholding pension violates Rule 3 of Part...
Civil Law - Design Piracy – Section 2(d), 10(4), 11, 19, and 22 of the Designs Act - Registered Design of Travel Pillow – Interim Injunction Confirmed – Plaintiffs alleged piracy of their registered “Tranquility Neck Pillow” design by Defendants using nearly identical shape, configuration, and colour combinations – Court held the Plaintiff’s design was vis...
Civil Law – Eviction Suit – Challenge to Registered Will – Appeal Dismissed – Plaintiffs 2 to 4 (second wife and her daughters) claimed ownership through a registered holograph Will executed by the original plaintiff (father) – Trial Court decreed eviction against the first defendant (son through first wife) and First Appellate Court upheld the Will’s vali...
Company Law - Company Winding Up – Inability to Pay Debt – Section 433(e) of Companies Act – Winding Up Confirmed – Appeal dismissed - The appellant challenged the winding up order on grounds of disputed liability and acquittal under Section 138 NI Act – Held: Execution of demand promissory note admitting debt, absence of timely dispute, and decree passed in Summary S...
Commercial Law - Trademark and Copyright Dispute – Rejection of Plaint – Order 7 Rule 11 CPC – Suit Barred – The plaintiff filed a suit against the defendants alleging infringement of trademark and copyright, and passing off, in respect of the mark ‘PADAN’ – The Court held that the plaintiff, Coromandel Indag Products India Ltd., had no locus standi to ins...
Arbitration Law - Arbitration Appeal – Scope of Court Interference – Arbitration Award Restored – The appellants challenged modification of arbitral award by the trial court under Section 34 of the Arbitration Act – The High Court held that the trial court had exceeded its jurisdiction by reappreciating evidence and modifying the award without any basis of patent illegality...
Family Law – Matrimonial Dispute – Section 13(1)(ia) of the HMA Act - Section 18, Hindu Adoptions and Maintenance Act - Divorce, Maintenance, and Return of Gold Ornaments – Partial Relief Granted to Both Spouses – The Family Court dismissed the husband’s petition for divorce and the wife’s claim for return of gold and maintenance, except for maintenance of the m...
Civil Law - Partition Suit – Proof of Will and Gift Deeds – Section 63(c) of Indian Succession Act and Section 68 Evidence Act – Rejection Upheld – Plaintiff sought partition of ancestral properties claiming intestate succession after mother’s death – Defendants relied on Will and two settlement deeds – Both Trial Court and First Appellate Court rejected W...
Real Estate Project – Right to Withdraw – Section 18 of RERA – Limited Timeframe for Exercise of Right – The Court held that though Section 18 of RERA confers an unqualified right on allottees to withdraw when there is a delay in possession, this right cannot be exercised indefinitely – Where possession is validly offered along with Occupation Certificate (OC), the al...