Civil Law – Recall of Witness – Order XVIII Rule 17 CPC – Application to recall plaintiff for cross-examination dismissed by Trial Court due to petitioner’s repeated defaults and non-payment of earlier costs – Petitioner failed to appear on crucial dates and did not seek rectification of court record when claim of proxy appearance was not reflected in order sheet &nda...
Service Law – Regularization – Clause 4(C) of Model Standing Orders – Industrial Court allowed complaints directing NMC to grant permanency to Safai Karmacharis who had completed 240 days' service annually – High Court held that Clause 4(C) does not confer automatic right to regularization in absence of sanctioned posts – Orders granting such relief without sancti...
Arbitration – Section 34 – Government ICT project – Last-mile connectivity & liquidated damages – Arbitral award in favour of service provider upheld – Tribunal’s view that lack of statewide broadband in Nashik/Nandurbar impeded rollout was plausible – State could not foist last-mile telecom obligation on a non-licensee – Liquidated damages imper...
Arbitration – Execution of Award – Interest for Period of Deposit in Court – Conflicting Orders – Decree Holders in separate proceedings claimed interest from the date of deposit by Judgment Debtors till actual withdrawal – In one case, interest allowed; in the other, denied – Held: Both appeals relate to execution of awards and do not fall within appealable ord...
Civil Procedure – Appellate Powers – Remand of Case – Order 41 Rules 23, 23-A & 25 CPC – Scope – Appellate court justified in remanding the matter when trial court failed to frame an essential issue going to the root of the case – In suit for specific performance of agricultural land, issue whether the plaintiff was an agriculturist and whether permission of...
Civil Procedure – Rejection of Plaint – Order VII Rule 11 CPC – Defendant sought rejection of suit claiming it was barred under Section 2(1)(c)(xii) of the Commercial Courts Act and Section 430 of the Companies Act – Court held that only averments in the plaint can be examined at this stage – Plaint disclosed a valid cause of action not barred by law – Dismissal...
Lok Adalat Award – Sale Certificate without Auction – Invalid – Madras HC quashes award and registration; directs parties to approach Execution Court.
Lok Adalat Award – Scope of Jurisdiction – Legal Services Authorities Act – Award cannot be passed beyond terms of settlement – Lok Adalat has no adjudicatory power – Award dated 02.09.201...
Registration – Sub-Registrar’s Powers – Refusal Memo – Third-Party Objections – Sub-Registrar refused registration citing rival claim based on alleged prior unregistered agreement – Held: Registrar has no authority to adjudicate title disputes or act on police complaints/letters – Only grounds under Rule 162, Sections 22-A & 22-B are valid for refusal ...
Lease Agreement – Termination by Lessee – Clause 17 – Lessee issued termination notice citing COVID-19 pandemic and force majeure – Termination under Clause 17 requires three months’ notice – Lease held terminated w.e.f. 15.12.2021 – Acceptance of termination by lessor does not amount to waiver of rent liability prior to termination [Paras 32–38].
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Commercial Courts Act – Section 2(1)(c)(i) – Commercial Dispute – Money Recovery on Promissory Note – Whether Maintainable – Meaning of “Mercantile Document” – Petitioners sought rejection of plaints in money suits based on promissory notes, contending that such suits are not “commercial disputes” under Section 2(1)(c) – Held: Promi...