Civil Law – Rejection of Plaint – Cause of Action – Distinction Between Non-disclosure and Non-existence – Rejection Set Aside – Suit filed by Indian-origin locally recruited staff of Italian Embassy alleging pay discrimination under Italian Presidential Decree – Trial court rejected plaint under Order VII Rule 11(a) CPC, holding no cause of action existed &ndas...
Civil Law - Stamp Duty – Lease Deed – Article 36(ii) vs. 36(iii) – Lease period held nine years only – Indenture of Lease dated 19.12.2014 provided for initial three-year term with two automatic renewals aggregating to nine years – Clause 3C merely contemplated option for further renewal on fresh mutually agreed terms or right to match third-party offers – No au...
Contract Law – Specific Performance – Uncertainty of Terms – Section 29 Contract Act – Agreement to sell (Ex.P1) mentioned sale of 9.5 acres of land but failed to specify khasra numbers, khewat, khatauni, or boundaries – Plaintiff's claim in plaint referred to 59 Kanals 3 Marlas (approx 7.4 acres) – Held: An agreement lacking essential particulars concerning...
Civil Law – Dismissal of Suit for Default – Simultaneous Proceedings – Suit dismissed for non-appearance on 19.10.2016 when plaintiff was attending proceedings under Section 138 of the NI Act – Appellant had earlier moved an exemption application anticipating scheduling conflict – Held: Plaintiff demonstrated bona fide conduct and presence before Magistrate Court on s...
Service Law – Termination/Cancellation of Absorption – Principles of Natural Justice – University cancelled absorption of petitioners citing illegality in initial appointment by former In-charge VC, relying on an Enquiry Committee report – No notice or hearing given; report not supplied – Held: Even if appointments are alleged to be illegal, if facts (like existence o...
Civil Law – Commercial Suit – Admissions – Plaintiff MSME filed suit seeking ₹16.77 crores towards unpaid invoices for school bags supplied to Defendant No.1 under a Government tender – Defendant No.1 admitted outstanding amount in its written statement and ledger filed in related proceedings – Defendant’s defence of profit-sharing arrangement and contin...
Service Law – Compassionate Appointment – Fraud and Misrepresentation – Appointment void ab initio – Petitioner, claiming to be son of deceased employee Sumitra Devi, secured appointment on compassionate grounds – Inquiry revealed petitioner was son of Yashoda Devi, not Sumitra Devi – Legal heir and succession certificates found to be obtained by suppression of ...
Intellectual Property – Trademark Infringement – Permitted User – Consent Decree Enforcement – Plaintiff “The Indian Express” sought injunction against Defendant for using “New Indian Express” in Mumbai for event promotion, violating Clause 18(iv) of MoS dated 05/02/1995 and Supplemental MoS dated 12/08/2005 – Defendant granted only limited use...
Insolvency and Bankruptcy Code, 2016 – Section 9 – Operational Creditor vs Corporate Debtor – Pre-existing Dispute – Moonshine Defence – The NCLAT set aside the NCLT's admission order on the ground of pre-existing disputes regarding short supply and faulty cables raised in 2018-2019 – The Appellant (Operational Creditor) relied on the Corporate Debtor's ...
Service Law – Equal Pay for Equal Work – Assam Rifles – Petition Dismissed – Petitioner Association sought parity in pay, pension and emoluments with Indian Army, citing similarity in duties and historical role – Held: Assam Rifles operates under dual control of MHA and MoD, unlike Army – Nature of duties, retirement age, and structural differences validly justi...