Commission Agent – Breach of Duty – Failure to Insure Goods – Agent Liable – The appellant, acting as a commission agent, failed to insure 92 bales of goods as per instructions of the respondents – The goods were destroyed in the Bombay Dock explosion – Respondents claimed damages for breach of agency duty – Held: The appellant, having failed to act accord...
Civil Law - Will – Testamentary Construction – Effect of Multiple Contingencies – Appeal arose from a suit for possession by adopted son claiming that life interest given to one daughter (Nagammal) did not carry remainder to the second daughter (Gnanambal) – Held: Provisions of paragraph 5 of the will granting remainder to Gnanambal and her children remained effective despi...
Contempt of Court – Administrative Delay – No Wilful Disobedience – High Court had found the District Magistrate of Bhagalpur guilty of contempt for delay in executing an order to release a detenu – Supreme Court held that since the District Magistrate was away on tour and unaware of the order, he could not be held personally liable – Lack of intention to disobey was ...
Civil Writ - Challenge Constitution to the validity of the Sholapur Spinning and Weaving Company (Emergency Provisions) Act, 1950 - Maintainability – Locus Standi – Article 32 – Company vs Shareholder Rights – Petition Not Maintainable Where Shareholder Challenges Law Affecting Company Alone – An individual shareholder cannot invoke Article 32 to challenge legislation...
Civil Law - Execution Proceedings – Fraud under Section 48(2) CPC – Limitation Extended – Judgment-debtor fraudulently concealed his ownership of the ‘Prabhat’ newspaper to avoid execution of decree – Both Trial Court and High Court found fraud proven – Supreme Court held that the concealment amounted to fraud preventing execution under Section 48(2) CPC &...
Civil Law - Registration Act – Compromise Decree – Requirement of Registration – No Registration Required – A compromise decree modifying terms of earlier pattas and creating a new relationship of under-tenancy between the parties was challenged as inadmissible for want of registration – Held: Though the decree purported to alter lease terms and create new obligations...
Transfer of Suits – Patent Infringement vs. Groundless Threats – Section 25 CPC – Earlier suit under Section 106 Patents Act has independent cause of action – Delhi jurisdiction invoked via online purchase and delivery – Substantial overlap of parties, facts and issues – To avoid duplication and conflicting findings, infringement suit in Delhi transferred to Bom...
Service Law – Class IV Appointment – Validity of Appointments Beyond Advertised Vacancies – Rule 12, U.P. Rules – “Reasonable Dimension” of Waiting List – Appellants appointed against Class IV posts were terminated in 2008 on the ground that appointments exceeded notified vacancies – Advertisement of 2000 mentioned 12 vacancies “subject to incr...
Civil Procedure – Rejection of Plaint – Limitation – Order VII Rule 11(d) CPC – Article 59, Limitation Act – Cause of Action and Date of Knowledge – Suit for cancellation of sale deed filed after 25 years – Trial Court rejected plaint as time-barred – Appellate Court held limitation to be mixed question of fact and law and remanded matter for trial &...
Partition – Ancestral Property – Registered Settlement Deed – Plaintiff and defendants 2 to 4 inherited land from their father via registered settlement deed dated 24.09.1977 – Defendants 2 to 4 sold entire 1 acre of land to defendant no.1 in 1998, despite holding only 3/4th share – Held: Sale not binding on plaintiff’s undivided 1/4th share – Plaintiff en...