Civil Procedure – Recalling Witness for Further Cross-examination – Documents Exhibited Post Evidence – Right to Rebuttal Recognized – After plaintiff completed evidence and was cross-examined, documents were admitted under Order 7 Rule 14(3) CPC and exhibited during cross-examination of a defence witness – Held: Defendant entitled to opportunity for re-cross-examinat...
Civil Law – Refusal of Registration of Documents – Power to Refuse on Title Grounds – Rule 55A(i) Declared Ultra Vires – Sub-Registrar refused to register sale deed under Rule 55A(i) for want of vendor’s title proof – Supreme Court held that under the Registration Act, 1908, Sub-Registrar has no authority to verify title – Rule 55A(i) inconsistent with the...
Civil Law - SEBI Disgorgement Powers – Fraudulent Advertisement - Principle of Res Judicata – Later Order Invalid - SEBI issued a second order in 2018 imposing disgorgement and restraints on VCL and others based on same facts and notices addressed in final 2014 order – Held: Subsequent exercise was barred by res judicata, being on the same cause and parties – Fresh directio...
Consumer Law - Insurance Claim – Fire and Special Perils Policy – Liability Not Disputed – Appellant acknowledged liability for damage caused to respondent’s premises under insurance policy due to collapse following heavy rainfall – However, dispute arose regarding quantum of compensation awarded by the NCDRC – Held: Appeal limited to reconsideration of compensa...
Consumer Law - Marine Insurance – Repudiation Of Insurance Claim - Interpretation of “Voyage to Commence and Complete Before Monsoon Sets In” – No Breach Found – Insurance policy required voyage to start and complete before onset of monsoon – Appellant commenced voyage on 06.06.2013, vessel was damaged due to bad weather – Held: Clause was not a mate...
Eviction Petition – NRI Landlord’s Right – Section 13-B of the 1949 Act – Eviction Upheld – An eviction petition was filed by an NRI landlord invoking Section 13-B for possession of premises required for personal use – The tenant sought condonation of delay in filing leave to defend, claiming lack of notice – Held: The NRI landlord had a statutory right un...
Civil Law - Specific Performance – Execution and Validity of Agreements – Agreement Upheld – Plaintiff established execution of two agreements dated 17.02.2001 (Ex.P2 and Ex.P4) – Court held both agreements genuine, proving advance payment of Rs. 25,00,000, including a cash component of Rs. 22,30,000 – Defendant’s denial disbelieved due to signature admissions a...
Civil Law – Eviction - Public Premises – Allotment Without Auction – Long-Standing Possession Not a Ground for Extension – The appellant challenged the Single Judge’s order denying extension of fair price shop allotment without auction – Held: Appellant’s initial allotment was made without auction in 1997 and extensions were granted irregularly – Gov...
Taxation Law - Customs – Delay in Adjudication – Rule 16 of Drawback Rules – Notices Quashed – The petitioners challenged show cause notices issued in 2016 alleging misclassification and excess duty drawback, which remained pending till 2023 – Held: Such inordinate delay without adjudication violates principles of natural justice and renders the notices without jurisd...
SARFAESI Act – Scope of Security Interest – Security Interest Recognized – The petitioner challenged the proceedings under SARFAESI Act initiated by HDFC Bank on the ground that there was no registered sale deed in favour of the original borrowers – Court held that even in the absence of such deed, the tripartite agreement, promissory note, and financial obligation created ...