Civil Law - Res Judicata – Subsequent Application in the Same Proceedings – Bar under General Principles – Respondents filed a second application for issuance of a commission under Order 26 Rule 10 CPC after an earlier application on similar grounds had been rejected by the trial court – Held: The principle of res judicata applies to interlocutory orders at different stages...
Rent Law - Eviction – Willful Default in Payment of Rent – Tenant’s Knowledge of Ownership – Eviction Upheld – The petitioners challenged their eviction, claiming lack of knowledge of the landlord's ownership and absence of attornment notice. The Court held that the tenants were aware of the partition and ownership rights, as evidenced by admissions in cross-exami...
Civil Law - Stamp Duty Refund – Applicability of Amended Limitation Period – Section 48(1), Maharashtra Stamp Act – Retrospective Inapplicability of Amendments – Appellants entitled to claim refund under the unamended provision providing a two-year limitation from execution of the cancellation deed – Held: The amendment reducing the limitation period to six months cou...
Income Tax – Search and Seizure – The court examined the validity of the search and seizure operations conducted against Misty Meadows Private Limited. It was found that the search and seizure conducted at the premises of M3M India Limited wrongly included the petitioner company without proper authorization. The search was initiated without a specific authorization for the petitioner, ...
Election Petition – Locus Standi and Cause of Action – Rejection under Order VII Rule 11 CPC – Election petition dismissed at the threshold for lack of cause of action and failure to establish locus standi – Held: The petitioner neither contested the election nor demonstrated that he was an elector of the constituency – The petition failed to satisfy the mandatory req...
Writ – Service Law - Challenged the non-continuance of her deputation – No Vested Right to Continue – A deputationist has no enforceable right to remain on deputation beyond the discretion of the lending or borrowing department. The borrowing department retains the authority to repatriate the deputationist at any time. Held: Repatriation order valid [Para 11].
Interp...
Service Law - Suspension of Home Guard Volunteer - Lack of Statutory Basis – Petitioner challenged suspension order dated 30.08.2019 and denial of subsistence allowance – Held: Punjab Home Guards Act, 1947, and Rules, 1963, lack provisions for suspension; instructions from Government of India and State Standing Orders permit suspension but fail to address subsistence allowance – ...
Civil Law - Specific Performance – Burden of Proof – Section 114(i) of Evidence Act – Plaintiff’s Suit Dismissed – The plaintiff sought specific performance of an unregistered sale agreement, asserting that the entire consideration was paid, and possession handed over. Defendants claimed refund of consideration and cancellation of the agreement – Held: The First...
Motor Accident – Negligence of Driver – Award Upheld – The respondent (injured) alleged negligence by the driver of the offending vehicle leading to grievous injuries – Court upheld the finding of negligence based on unchallenged testimony, corroborated site plan, and chargesheet under Sections 279/338 IPC – Filing of a chargesheet was deemed sufficient proof of negli...
Company Law – Winding Up – Stay of Winding Up Proceedings – Appeal against the orders of the Company Court allowing an application under Section 466 of the Companies Act, 1956, for a permanent stay on the winding up of Swadeshi Mills Company Ltd. – Company Court orders based on settlement agreements with workers and creditors, and compliance with interim directions – ...