Civil Law - Order VII Rule 11 CPC – Rejection of plaint – Daughter claiming share in ancestral/urbanised land – Mutation entries and Section 50 DLR Act relied upon to non-suit plaintiff – Held: plaint disclosed triable cause of action – issues of coparcenary, succession, limitation and applicability of special law require evidence – rejection set aside – s...
Tenancy Law - Landlord-Tenant Relationship – Ownership Requirement under Section 14(1)(e) – Proof of Better Title Sufficient – Landlady sought eviction on ground of bona fide requirement – ARC dismissed petition on ground that ownership and landlord-tenant relationship were not proved – Held: Landlady produced registered sale deed and rent receipts proving better titl...
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...
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...
Constitutional Law – 74th Amendment – Autonomy of Urban Local Bodies – Article 243P to 243ZG, Constitution of India – State Interference – The 74th Constitutional Amendment Act, 1992, introduced Part IXA to the Constitution, granting constitutional status and autonomy to Municipalities to function as vibrant democratic units of self-government, free from State interfe...
Civil Law – Closure of Evidence – Repeated Opportunities – Justification – Family Court closed the petitioner’s right to lead evidence after granting multiple opportunities spanning several dates – Petitioner failed to produce any witness despite directions to do so on self-responsibility – Held: Courts are not required to wait indefinitely for a party to ...
Taxation Law - Goods and Services Tax – Refund – Limitation – Inverted Tax Structure – Right to Refund Preserved – Petitioner engaged in edible oil business filed refund claim on 02.02.2021 for accumulated ITC under inverted tax structure for period July 2017 to March 2019 – Refund rejected as time-barred – Held: For period July 2017 to December 2018, refu...
Death Penalty – Post-Mercy Judicial Review – Article 21 – Even after confirmation of death sentence and rejection of mercy petitions under Articles 72 and 161, the fundamental right to life and human dignity continues to subsist – Constitutional Courts are empowered to examine supervening circumstances affecting fairness, humanity and constitutionality of execution – ...