Civil Procedure – Order XXII Rule 5 CPC – Determination of legal representative – Whether Karamvir Singh is the legal representative of Harbans Singh (deceased) – The court upheld the decision of the First Appellate Court, allowing the impleadment of Karamvir Singh based on documentary evidence, including a registered Will – The First Appellate Court properly exercise...
Specific Performance – Government Land – Transfer Restrictions – Petitioner, a defendant in a suit for specific performance, sought rejection of the plaint under Order VII Rule 11 CPC – Contended that the suit property is government land under the West Bengal Government Land (Regulation of Transfer) Act, 1993, requiring prior permission for transfer – The Trial Court ...
Civil Law – Challenge Ex-Parte Order - Service of Summons – Valid Service Through Adult Family Member – Order V Rule 15 CPC – The defendant challenged the service of summons, arguing that notice was served on his wife and not personally on him – The Court held that service of summons on an adult family member is valid when the defendant is unavailable and there is no ...
Motor Accident Claim – Compensation for Widow Despite Remarriage – Legal Entitlement Recognized – The Tribunal had denied compensation to the widow of the deceased on the ground of her remarriage with the deceased’s younger brother – The High Court held that remarriage does not disqualify a widow from compensation for the loss suffered due to her husband’s death...
Civil Procedure – Injunction Against Title Holders – Maintainability – Petitioner sought an interim injunction restraining respondents (title holders) from alienating the suit property, claiming a contractual right based on an unregistered sale agreement – Trial Court and Appellate Court rejected the claim, holding that an injunction cannot be granted against the rightful o...
Taxation Law - Transfer Pricing – International Transaction – AMP Expenses – Absence of Agreement – No Adjustment Required – The Transfer Pricing Officer (TPO) treated AMP expenses incurred by the assessee as an "international transaction" for brand-building for its Associated Enterprise (AE) and made an adjustment – The ITAT held that the Revenue fail...
Civil Law - Contract Interpretation – Success-Based Fee – Bank’s Discretion to Choose Fee Option Upheld – The dispute arose over whether the plaintiff was entitled to a success-based fee at 0.50% (Option ‘a’) or 0.0749% (Option ‘b’) for financial advisory services in the sale of NPAs – The plaintiff claimed the bank was obligated to pay at the ...
Civil Writ - Public Employment – Prescribed Qualification vs. Equivalent Qualification – KPSC’s Inconsistent Approach Struck Down – The petitioners contended that their qualifications, recognized by government institutions, were equivalent to the prescribed qualification in the recruitment notification – The Court found that the KPSC had arbitrarily excluded them desp...
Civil Procedure – Summary Judgment – Rejection of Application – Order XIII-A CPC – Requirement of No Real Prospect of Defense – Delhi High Court judgments relied upon – Summary judgment can be granted where there is no real prospect of success or defense – Court must ensure just disposal without unnecessary trial – Court held that since the issue of ...
Civil Law – Execution of Decree – Delay in Execution – Specific Performance – Tamil Nadu Cultivating Tenants’ Protection Act, 1955 – Appellants sought execution of decree for specific performance and possession of the suit property – Respondents 1 and 2 obstructed execution, claiming to be cultivating tenants – Executing Court and High Court allowed ...