Election Law – Election Petition – Rejection at threshold – Pleadings insufficient – Application under Order 7 Rule 11 CPC allowed – Election Petition filed under Section 100 RP Act to challenge election of Respondent No.1 on five grounds: three alleging corrupt practices, one for improper acceptance of nomination, and one for improper refusal of votes – Court h...
Education Law – Admission to Professional Courses – B.Sc. Nursing – SEBC/OBC Category – Eligibility Relaxation – Cut-Off Date – Petitioners sought benefit of reduced qualifying marks (40th percentile) in view of Indian Nursing Council guidelines – Court held that the benefit was rightly granted to those who applied within the extended admission deadline (3...
Civil Law – Amendment of Pleadings – Order VI Rule 17 CPC – Rejection of Amendment Application set aside – Plaintiffs sought to amend plaint to include property details and elaborate coparcenary claim – High Court held that trial had not commenced as affidavit of evidence had not been tendered – Delay alone not sufficient to deny amendment – Amendment allo...
Election Law – Panchayat Elections – Corrupt Practice – Disqualification – Declaration of Returned Candidate as Void – Declaration of Another Candidate as Elected – Non-disclosure of criminal antecedents by returned candidate amounts to corrupt practice and election liable to be declared void – However, declaration of an unelected candidate as elected can ...
Partition Suit – Successive Litigation – Abuse of Process – Plaintiff in O.S. No.36 of 2021 was 16th defendant in earlier partition suit O.S. No.1407 of 2015 – Earlier suit rejected under Order VII Rule 11 CPC on finding that property belonged to deceased husband as sole heir – No appeal or challenge to said rejection – Held: Subsequent suit on same cause of act...
Tenancy Law - Lease Agreement – Genuineness – Burden of Proof – Lease agreement (Ext-1) produced by plaintiff was alleged to be forged by defendants – Both Trial Court and First Appellate Court found Ext-1 to be genuine, notarized, and bearing signatures of defendants – Defendants failed to depose or challenge their signatures and withheld best evidence – Held: ...
Service Law – Regularization – Daily Wage / Casual Employees – Long Continuous Service – Forest Department, Haryana – Petitioners engaged as casual labour / daily wagers since around year 2000 – Services illegally terminated – Labour Court awards directed reinstatement with continuity of service and back wages – Awards upheld by High Court and attain...
Electricity Law – Provisional Assessment under Section 126 – Procedural Non-compliance – Quashed – HPSEBL issued provisional assessment of ₹4.55 crores alleging tampered meter and unauthorized use of electricity from August 2014 to May 2015 – Order based solely on MRI data available with the Board – No inspection of consumer premises or records maintained by p...
Arbitration – Appeal under Section 37 – Maintainability – Ad-interim injunction – Appellants challenged an ad-interim order passed under Section 9 of the Arbitration and Conciliation Act, 1996 directing parties to maintain status quo ante – Office raised objection on maintainability under Section 37(1)(b) as petition was still pending – Held: Order amounts to gr...
Civil Law - Compromise Decree – Corporate authority – Alleged transfer of control under Share Purchase Agreement – Fraud on Court pleaded after decade-long delay – Prior execution findings negating fraud and collusion – Compromise lawful and binding – Recall rightly refused – Appeal dismissed [Paras 16–50].
Company Law – Corporate Control &n...