Civil Law – Amendment of Pleadings – Proviso to Order 6 Rule 17 CPC – Rejection of Application for Amendment After Trial Commencement – Petitioner filed applications for amendment of plaints in two civil suits and a written statement in a counterclaim – Trial court dismissed applications on grounds of lack of due diligence and contradictory pleas – Held: Applica...
Civil Procedure - Rebuttal Evidence - Handwriting Expert: Petitioners contested the trial court's order allowing respondents to examine a handwriting expert in rebuttal. The petitioners argued that this would fill the lacuna in the respondents' evidence. The High Court affirmed that under Order XVIII, Rule 3 CPC, a party can lead rebuttal evidence on issues where the onus is on the opposit...
Property Law – Lease and Conveyance – Application for Conveyance – Municipal Corporation of Greater Mumbai (MCGM) denied conveyance of Block-A to Century Textiles & Industries Limited post lease expiration – High Court allowed writ petition directing conveyance – Supreme Court held: Neither statutory framework nor lease terms imposed any obligation on MCGM to conv...
GST Registration – Retrospective Cancellation – Petitioner’s Registration Cancelled Retrospectively to 01.07.2017 – Application for Cancellation Rejected Without Specific Reason – Show Cause Notice Issued Without Specific Reason or Date for Hearing – Impugned Order Contradictory, No Material for Retrospective Cancellation – Court Held Cancellation Should N...
Taxation Law - GST Act - Seizure of Goods – Provisional Release Pending Adjudication – Allowed - The petitioner challenged the seizure of goods and denial of provisional release during proceedings under Section 130 of the GST Act. The Court held that Section 130 does not bar interim release, and provisional release is permissible under Section 67(6) upon execution of a bond and payment...
Civil Law - Land Ownership and Possession – Permanent Injunction – Concurrent Findings of Fact – Plaintiffs purchased the suit lands under registered sale deeds and sought a permanent injunction against interference by the Government – Defendants claimed the lands were assigned to others under the A.P. Assigned Lands (Prohibition of Transfers) Act and resumed by the Governm...
Civil Procedure – Recovery of Possession – Appeal against the judgment of the First Appellate Court which reversed the Trial Court’s decree in favor of the plaintiff for the recovery of possession of 2 cottahs of land – First Appellate Court set aside the decree on grounds of insufficient description of the suit property and non-joinder of necessary parties – High Cou...
Defamation – Right to be Forgotten – Ad-Interim Injunction – The plaintiff was acquitted in a criminal case but alleged that defamatory posts from 2018 related to the case were still available on the websites of defendants (media houses), causing harm to his reputation – The Court recognized the right to be forgotten as an inherent aspect of the right to privacy and granted...
Delayed Payment – Contractual Obligations – Petitioner, a contractor, completed work for National Highway Authorities. Final payment was delayed due to allegations regarding the bitumen used. Payment was released after 11 years, but the petitioner seeks interest for the delay. Government orders granted interest but at a rate of “1% less than the bank rate.” Disputes arose o...
Wilful Defaulters – Master Circular Compliance – Assessment of Committee Decisions – Petitioners challenged declarations as wilful defaulters by the First Committee and affirmation by the Review Committee – Court found declarations based solely on a Transaction Audit Report (TAR) by Deloitte Touche Tohmatsu India, LLP, without independent evidence – TAR itself stated ...
