Civil Procedure – Representative Suits – Impleadment – Petitioners sought impleadment as supplemental defendants under Order 1 Rule 8(3) CPC in a suit for declaration of title, recovery of possession, and injunction – Trial court dismissed applications for lack of common interest with existing defendants – High Court upheld dismissal – Petitioners failed to demo...
Reappointment of Vice Chancellor – Requirement of Fresh Selection Process – Petitioners challenge reappointment of respondent No. 6 without fresh selection process – High Court affirms necessity of adhering to UGC regulations – Reappointment without fresh process deemed permissible only if regulations specifically allow it – Precedents from Supreme Court applied [Para...
Banking Law – Classification of NPA – SBI classified Atibir Industries’ account as NPA on October 16, 2020, based on defaults in cash credit and term loan facilities. Borrower challenged this classification and subsequent sale to ARC, citing RBI guidelines and moratoriums during COVID-19. Court upheld SBI’s classification, stating cash credit account was irregular, and all ...
Contract Law - Exclusive Jurisdiction Clause – Interpretation of Contractual Jurisdiction Clauses – Clause 13(b) of the ISDA Agreement conferred exclusive adjudicatory jurisdiction to the High Court of Mumbai – Held: The clause was valid and binding on the parties, as it was neither void under Section 23 of the Indian Contract Act nor contrary to public policy – A jurisdict...
Property Law – Declaration and Permanent Injunction – Suit for declaration of title and permanent injunction against defendants obstructing possession – Plaintiff traced title through sale deeds dating back to 1952 – Defendants contended joint ownership and lack of partition among family members – Both lower courts ruled in favor of plaintiff based on continuous posse...
Land Assignment and Patta Validity – Irregularities and Fraudulent Transactions – Petitioners challenged the cancellation of their thandaper accounts by the Tahsildar, contending they purchased the land from legitimate pattadars after due diligence – High Court upheld the cancellation, citing procedural irregularities and fraudulent actions in the issuance of the original patta &...
Contract Law – Revival of Terminated Contract – Petition challenging the revival of a contract that had been terminated by the awardee – The High Court held that a contract, once terminated after due process, cannot be revived by the awardee or any authority other than the Appellate Authority or the Court – Directions issued for fresh tender process [Paras 1-96].
Adminis...
Labour Law - Jurisdiction of Labour Court - Minimum Wages Act vs. Industrial Disputes Act - The petitioner challenged the Labour Court’s direction to pay differential minimum wages to a workman engaged through a contractor, arguing the Labour Court lacked jurisdiction under Section 33-C(2) of the Industrial Disputes Act to determine disputed wage claims. Held: The Minimum Wages Act provides ...
Hindu Succession Act – Coparcenary Rights – Plaintiffs, daughters of the deceased Murugan, claimed coparcenary rights in the ancestral properties – Defendants contended that the properties were self-acquired by D1 – High Court held that all the suit properties are ancestral and plaintiffs are entitled to coparcenary rights by birth under the Hindu Succession (Amendment) Act...
Selection of Melsanthies – Non-Compliance with Court Orders – Eligibility Criteria for Selection – The petition raised issues concerning the selection process for the appointment of Melsanthies at Sabarimala and Malikappuram temples – The court observed that the Travancore Devaswom Board permitted candidates to submit fresh experience certificates, contrary to earlier court...