Appointment of Ombudsman cum Ethics Officer – Constitutionality of Appointment – High Court Allowed Appointment – The Apex Council's decision to appoint an Ombudsman and Ethics Officer was challenged on the grounds of non-conformance with the Hyderabad Cricket Association's Constitution – The High Court set aside the Civil Court's suspension order and dismissed ...
Arbitration Law – Commencement of Limitation – Section 14(2) of the Arbitration Act, 1940 – Limitation Began Upon Awareness – The appellant's application under Section 17 of the Act was dismissed as premature by lower courts, interpreting the limitation to start only from formal notice of filing the award – Held: The limitation began on 21.09.2022 when the respond...
Arbitration Law - Arbitral Proceedings – High Court’s Supervisory Jurisdiction – Excessive Judicial Interference – High Court directed the Arbitral Tribunal to allow further cross-examination of a witness (RW-1) despite Tribunal’s decision to conclude it – Held: High Court’s interference under Article 227 was unwarranted and unjustified; Tribunal had alrea...
Land Acquisition - Claims Commission – Finalization of Claims – Pending Compensation and Benefits – The Claims Commission was established to determine compensation for lands acquired in Odisha villages – The Court previously directed no re-opening of finalized claims while emphasizing compliance with specific methodologies – Held: Commission tasked only with re-determ...
Arbitration Award – Evidence and Perverse Findings – The appellant challenged an arbitral award of Rs. 60,00,000/- granted to the respondent for damage to cement bags due to waterlogging. The tribunal relied solely on the respondent’s letter (Exhibit ‘T’) dated January 7, 2005, while discarding two survey reports – one by the insurer’s surveyor and another...
Bank Guarantee – Separate Contract – Rights of Legal Heirs – Petitioner, as the sole legal heir of her late father, contested the invocation of a bank guarantee furnished on her father's margin money – Held: Bank guarantees operate as independent contracts – Petitioner's claims regarding fraud and ownership of margin money must be pursued separately – No...
Civil Law - Order 41 Rule 27 CPC – Additional Evidence – Permissibility – Lower Appellate Court allowed the plaintiffs to produce revenue records as additional evidence under Order 41 Rule 27 CPC, citing lack of knowledge as the reason for non-production before the Trial Court – Held: The plaintiffs’ inability to produce evidence due to lack of knowledge does not sati...
Service Law – Transfer and Posting – Higher Secondary School Teachers (HSST) – Petitioners challenged the orders of KAT regarding their transfers and postings – Contention of arbitrary and unreasonable transfers affecting their service conditions – High Court upheld the Tribunal’s decision, emphasizing the administrative prerogative in matters of transfer, provi...
Partition – Suit for Partition and Injunction – Plaintiff sought partition of two properties and an injunction against defendants from creating third-party interests – Properties were inherited from parents who died intestate – Defendant No. 1 proceeded ex-parte – Settlement reached among remaining parties for the sale of properties and division of proceeds – Pl...
Partition Suit – Exclusive Ownership Claims – Contribution to Construction – Equal Shares Upheld – The appellants claimed exclusive ownership of the first and second floors of the suit property, alleging sole funding for their construction – Held: No documentary evidence substantiating exclusive ownership produced – Contributions by a co-sharer do not confer exc...