Tender Conditions – Judicial Review – Turnover Criteria – Challenge to Clause 5.2 of the tender document prescribing a minimum annual turnover of ₹9 crores for eligibility and awarding marks based on turnover brackets – Petitioner alleged the clause to be arbitrary, vague, and designed to favour a specific class of bidders – Held: Tender inviting authority justified...
Arbitration – Execution of Interim Order – Scope of Executing Court – Executing Court enforced an arbitral direction requiring the Appellant (a non-signatory to arbitration) to issue Consent of Affiliation (CoA) for 150 MBBS seats at HIMSR – Tribunal’s order only directed support “within the confines of law” – Held: Executing Court exceeded its juris...
Criminal Procedure – Quashment of FIR – Scope of Section 528 BNSS (Old Section 482 CrPC) – Inherent powers to be exercised sparingly – FIR cannot be quashed at threshold when allegations, taken at face value, disclose commission of cognizable offences – High Court cannot conduct mini-trial or evaluate defence material at investigation stage [Paras 6–11].
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Civil Procedure – Second Appeal – Concurrent Findings – Plaintiff sought injunction to restrain defendants from encroaching upon a street claimed as common passage – Trial Court decreed suit based on documentary evidence, witness testimony, and admissions – Appellate Court affirmed, finding no ownership documents from defendants and holding the passage to be common &n...
Civil Procedure – Written Statement – Condonation of Delay – Confusion due to Wrong Advocate Entry – Defendant’s request to file written statement rejected by Trial Court citing delay – Trial Court relied on records incorrectly showing Advocate Sapna Rachure as having appeared for defendant – Held: Entry of advocate’s name was due to clerical error f...
Service Law – Compassionate Appointment – Adopted Son – Rejection of Claim – Petitioner sought compassionate appointment under U.P. Dying in Harness Rules, 1974 as the adopted son of a deceased Class IV municipal employee – Appointment denied by Municipal Commissioner on the ground that petitioner was 18 years old on date of adoption, rendering adoption invalid under ...
Property Law – Joint Ownership – Partition – Benami Transaction Defense – Preliminary Decree – Plaintiffs sought partition of properties jointly purchased in their names and that of the defendant – Defendant claimed that he alone contributed the entire consideration and plaintiffs were only benami title holders – Court held that Sale Deeds stood in joint n...
Adverse Possession – Elements and Burden of Proof – Plaintiff claimed ownership of agricultural land through adverse possession spanning over 35 years – First Appellate Court held that the possession was open, continuous and hostile and thus ripened into ownership – High Court held that initial possession was recorded as mortgagee and not hostile – Rejected mortgage m...
Banking Law – Unauthorized Appropriation by Bank – Petitioner Axis Bank, despite specific orders dated 07.07.2012 and 03.06.2013 by Magistrate to hold auction proceeds in FDR till trial conclusion, appropriated Rs. 8.20 crore based on DRT's temporary direction dated 20.04.2018 – Held: Bank’s action is in gross violation of Trial Court’s binding orders and amounts ...
Public Premises – Unauthorised Occupation – Expiry of Licence – Definition under Section 2(g) of the Public Premises Act – Licence granted up to 31.03.2011 not renewed thereafter – Mere acceptance of licence fee after expiry does not amount to implied renewal – Continued occupation after expiry of licence held unauthorised – Eviction under Section 5(1) jus...