Family Courts Act – Jurisdiction under Section 7(1)(b) – Declaration of Marital Status – Jurisdiction Upheld – The Family Court had jurisdiction to entertain a suit for declaration of marital status under Section 7(1)(b) of the Family Courts Act – The contention that such declaration should be made under Section 34 of the Specific Relief Act was rejected – Held:...
Arbitration Law – Extension of Arbitrator's Mandate – Jurisdiction of Commercial Court – Extension Set Aside – Where the High Court has appointed an Arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996, only the High Court retains the jurisdiction to extend or terminate the Arbitrator’s mandate under Section 29A – Held: The Comm...
Intellectual Property – Copyright vs Design – Overlap – Appeal against High Court judgment restoring Inox’s copyright infringement suit dismissed by Commercial Court under Order VII Rule 11 CPC – Appellants (Cryogas and LNG Express) contended drawings used to manufacture Semi-trailers qualified as ‘designs’ under Section 2(d) of the Designs Act, 2000 and e...
Civil Law - Municipal Council Resolution – Use of Urdu on Signboard – Powers under Section 308 of the 1965 Act – Collector’s Jurisdiction – Application Invalid – Under the amended Section 308, only the Chief Officer of the Municipal Council can approach the Collector to suspend a resolution – Petition filed by an individual was not maintainable under the a...
Civil Law - Limitation – Article 58 of Limitation Act – Order VII Rule 11(d) CPC - Cause of Action – Suit Barred – Suit Filed Beyond Prescribed Period – The plaintiff filed suit in 2017 seeking declaration that a Will (2014) and Codicil (2014) were null and void – The plaint itself admitted that the plaintiff acquired knowledge of the Will and Codicil in the fir...
Writ Jurisdiction – Possession without Requisition – Flats Occupied by Police Since 1940 – Writ Allowed – The appellants sought possession of two flats in South Mumbai given to the police for temporary use in 1940 without any written lease or requisition order – The High Court declined to exercise writ jurisdiction and relegated the petitioners to alternative remedy &...
Temple Management – Hereditary Archakship – Civil Court Decrees Binding – Petitioners Entitled to Perform Karaga – Petitioner established his hereditary rights through R.A. No.46/1983 and R.S.A. No.412/1984 – Held: Tahsildar’s repeated orders permitting rival claimant to perform Karaga on rotation basis are contrary to binding court decrees – Petitioners&r...
Eviction Petition – Bona Fide Requirement – Additional Evidence – One-Time Opportunity Granted - Tenant sought to lead further evidence by examining neighbors and MCD officials in eviction case filed on ground of bona fide requirement – Respondent landlord agreed to allow one opportunity to avoid further delay – Court permitted tenant to produce witnesses next day, in...
Protected Tenancy – Alienation without Prior Sanction – Transfer Invalid – The petitioners, being legal heirs of a protected tenant, challenged the sale of land executed without prior permission of the Collector as mandated under Section 50-B of the Hyderabad Tenancy and Agricultural Lands Act, 1950 – The Sub-Divisional Officer cancelled the mutation entry of the sale &ndas...
Motor Accident Claim– Negligence – Police Charge Sheet and Eyewitness Testimony – Finding Upheld – The Tribunal rightly relied on Exhibit A5 (charge sheet) and eyewitnesses (PWs 4 & 5) to conclude negligence on part of the lorry driver – High Court upheld the finding and dismissed insurer’s challenge – Evidence in support of a subsequent inve...