Permanent Injunction – Co-sharers – Right to Possession – Encroachment – Plaintiffs, a registered management committee, claimed exclusive possession of the suit property and sought a permanent injunction against Defendant No.1 from interfering in its management, possession, and structures – Defendant No.1 argued that the plaintiffs had encroached upon public land &nda...
Trademark Infringement – No Deceptive Similarity – "BundlePe" & "LatePe" Not Confusingly Similar to "PhonePe" – Plaintiff alleged that defendants' marks "BundlePe" & "LatePe" were deceptively similar to "PhonePe" and likely to confuse consumers – Held: The word "Pe" is not inherently distincti...
Civil Law – Permanent Injunction – Maintainability of Suit – Grant of Land – Ownership in Question – Plaintiff's Suit Dismissed
Permanent Injunction – Suit Without Declaration – The plaintiff-Mutt sought an injunction to restrain the defendant-Mutt from interfering with its pooja and aradhana at the Brindavana of Sri Narahariteertharu, located on go...
Condonation of Delay – Section 5 of Limitation Act – Litigant’s duty to be vigilant – Appellants sought condonation of delay of 565 days in filing the appeal, alleging professional misconduct of their previous counsel – Held: Mere blaming of counsel without taking any action against them is insufficient to establish sufficient cause for condonation of delay – Li...
Rent Law - Eviction Proceedings – Ex Parte Order – Procedural Irregularities – The Rent Control Court passed an eviction order without assessing the merits of the case – The ex parte nature of the proceeding does not relieve the court from its duty to examine the sufficiency of the evidence – Held: The eviction order was mechanically passed solely because the evidence...
Reassessment Proceedings – Applicability of First Proviso to Section 147 – Extended Time Limit Under TOLA – The petitioner argued that the reassessment notice under Section 148 was issued beyond four years without any failure on his part to disclose material facts fully and truly, and hence, was barred by the first proviso to Section 147 – The Revenue contended that the ext...
Property Law – Co-Sharer’s Rights – Mutation Does Not Confer Title – Held: Mutation No. 2116 Declared Illegal – Plaintiffs sought declaration of ownership and possession over 16 Kanals of land – Defendants claimed rights through Mutation No. 2116, which was based on a 1977 sale deed – Court held that mutation entries do not create or extinguish title and c...
Labour Law - challenging termination - Judicial Review – Scope of review jurisdiction – Suppression of material evidence – The Corporation failed to disclose to the Labour Court that, in parallel proceedings before the MACT, it had admitted that the accident was solely caused by the negligence of a lorry driver—The High Court exercised its review jurisdiction to correct thi...
Civil Law - Arbitration – Scope of judicial interference under Section 30 of the Arbitration Act, 1940 – The appellant challenged the High Court’s order setting aside an arbitral award—Held: The High Court correctly intervened as the awarded claim of ₹68.15 lakhs was beyond the contractual scope and not based on actual damages, but speculative calculations—Courts ca...
Civil Law - Representative Suit – Locus Standi of Plaintiffs – Whether former students and rate-paying citizens can maintain a suit – The plaintiffs, claiming to be former students of Government Junior College, Tumkur, and rate-paying citizens, filed the present suit seeking declaration in favor of the State of Karnataka—Held: Since the State itself was a party to the earli...